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State search warrant is evaluate for PC by state crime and Fourth Amendment

By John Wesley Hall, Jr.

A state search warrant used in a federal prosecution is considered in relation to the state crime under investigation, but it is always evaluated under the Fourth Amendment for probable cause. A state law violation is irrelevant. United States v. Jones, 2008 U.S. Dist. LEXIS 65657 (W.D. Pa. August 27, 2008).* Defendant's being in a high crime area with evasive conduct was reasonable suspicion. United States v. Washington, 2008 U.S. Dist. LEXIS 66208 (N.D. W.Va. August 28, 2008).* Handcuffing defendant was reasonable under the circumstances because of sting there was a gun and finding $300,000. United States v. Martinez-Esquivel, 2008 U.S. Dist. LEXIS 66207 (D. Utah August 27, 2008).* Defendant signed a consent to search form shortly after being arrested, and the testimony supports the conclusion that the consent was voluntary...continue to full post

Full post as published by Fourth Amendment on August 31, 2008 (boomark / email).