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An application was submitted to a magistrate judge for the Eastern District of California requesting an "anticipatory" search warrant, so-called because it is based upon the probable cause that at some time in the future (but not at present) certain evidence of a crime will be located at a specified place). An affidavit accompanying the warrant ...
A sneak and peek search warrant (officially called a Delayed Notice Warrant and also called a covert entry search warrant or a surreptitious entry search warrant) is a search warrant authorizing the law enforcement officers executing it to effect physical entry into private premises without the owner's or the occupant's permission or knowledge and to clandestinely search the premises; usually ...
Riley v. California: 573 U.S. 373 (2014) 2014-06-25 Police must obtain a warrant in order to search digital information on a cell phone seized from an individual who has been arrested. Burwell v. Hobby Lobby Stores, Inc. 573 U.S. 682 (2014) 2014-06-30
Getting a search warrant begins in a police department and ends with a specific, restricted list of items allowed to be seized on a specific property.
Steagald v. United States, 451 U.S. 204 (1981), is a United States Supreme Court case which held that, based on the Fourth Amendment, a police officer may not conduct a warrantless search of a third party's home in an attempt to apprehend the subject of an arrest warrant, absent consent or exigent circumstances.
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
Numerous examples of no-knock search warrants ending in avoidable tragedy should be examined by those in police leadership. Taylor was killed when officers entered her home looking for suspected ...
The inspector returned twice more, again without a search warrant, and was again denied entry. A complaint was subsequently filed against the tenant, and he was arrested for violating a city code. He filed suit under the Fourth and Fourteenth Amendments. The California district court of appeal, relying on the previous case of Frank v.