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Criminal Law

: Fourth Amendment

Four people had expectation of privacy in storage unit of one

By John Wesley Hall, Jr.

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Four plaintiffs retained an expectation of privacy in a storage unit rented by one where they agreed to put their stuff there. Garcia v. Dykstra, 2008 U.S. App. LEXIS 2191, 2008 FED App. 0074N (6th Cir. January 24, 2008). Telling a suspect police would seek a search warrant if consent was not granted was not coercive because, if they have probable cause, they have the ability to get a search warrant. United States v. Giles, 2008 U.S. Dist. LEXIS 7177 (M.D. Pa. January 31, 2008)*: The court now turns to the statements allegedly made by Detective Johnson. First, his statement that he would get a search warrant must be distinguished from the statements made by agents in Bumper v. North Carolina, 391 U.S. at 550. In Bumper, law enforcement officers claimed authority to search a home because they were in possession of a warrant, in effect announcing "that the occupant ha[d] no right to resist the search...continue to full post

Full post as published by Fourth Amendment on February 02, 2008 (boomark / email).

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