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Criminal Law

: Fourth Amendment

Use of "all" in a warrant does not render a warrant general

By John Wesley Hall, Jr.

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The use of the word "'all,' in and of itself, does not render a warrant a general warrant," particularly, as here, the warrant "reasonably sought all documents with other people's names." United States v. Greene, 2008 U.S. Dist. LEXIS 42762 (E.D. Pa. June 2, 2008).* There was a fact dispute as to the crime that plaintiff was fleeing from and whether the officers properly identified themselves before a PIT maneuver was used to stop him. Three of four factors favored plaintiff. Marshall v. West, 2008 U.S. Dist. LEXIS 42973 (M.D. Ala. June 2, 2008): Defendants do not dispute that the use of the PIT maneuver constituted a "seizure" for purposes of the Fourth Amendment; thus, the court focuses on the level of force used during the seizure and whether it was "objectively reasonable...continue to full post

Full post as published by Fourth Amendment on June 04, 2008 (boomark / email).

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