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Search warrant not in hand is not a Fourth Amendment violation

By John Wesley Hall, Jr.

Failure to have a search warrant in hand is not a Fourth Amendment violation as long as its terms are complied with. State v. Wilson, 2008 La. App. LEXIS 673 (La. App. 5th Cir. April 15, 2008): The Fourth Amendment does not require that the accused be served with a copy of the search warrant before the search and seizure occurs. See Katz v. United States, 389 U.S. 347, 355 n.16, 88 S.Ct. 507, 514, 19 L.Ed.2d 576 (1967); United States v. Bonner, 808 F.2d 864, 869 (1st Cir. 1986), cert. denied, 481 U.S. 1006, 107 S.Ct. 1632, 95 L.Ed.2d 205 (1987); United States v. Woodring, 444 F.2d 749, 751 (9th Cir. 1971). Protective search of defendant's gym bag in vehicle during traffic stop was justified by officer safety. McDowell v. State, 2008 Md. App...continue to full post

Full post as published by Fourth Amendment on May 11, 2008 (boomark / email).