Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

E.D. Cal.: Target has a pre-indictment right of access to search warrant materials under Fourth Amendment

By John Wesley Hall, Jr.

"Because of the foregoing, the bank teller's out of court identification must be suppressed. To be clear, the bank teller did nothing improper, but the lack of any intervening event to sever the causal connection between the illegal search and the photo lineup means that suppression must be ordered." It was not attenuated enough. United States v. Carter, 2009 U.S. Dist. LEXIS 9607 (N.D. Ill. February 6, 2009).* Defendant was stopped on a bicycle for an equipment violation, and his strange responses led officers to believe that it was stolen. The patdown and drawing of weapons was justified. United States v. Banks, 2009 U.S. App. LEXIS 2491 (8th Cir. February 2, 2009).* Targets of a search have a Fourth Amendment right of access to search warrant materials before indictment...continue to full post

Full post as published by Fourth Amendment on February 14, 2009 (boomark / email).