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Criminal Law

: Fourth Amendment

AR: Search warrant for house did not need to itemize safe in the house

By John Wesley Hall, Jr.

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A search warrant for a house does not have to list a safe found in the house as a thing or place to be searched if the things sought could be secreted in the safe. State v. Stites, CR08-1186 (Ark. March 19, 2009) [Actually, how often will the police know that there is a safe inside?) Officers received an anonymous call that defendant was engaged in a grow operation in his house, and they sufficiently corroborated it by a trash pull to get a search warrant. United States v. Silvey, 2009 U.S. Dist. LEXIS 21522 (E.D. Ky. March 17, 2009).* Going in and out of a convenience store six times in 3-4 minutes without buying anything was reasonable suspicion. United States v. Hare, 2009 U.S. Dist. LEXIS 21287 (W.D. Mo. March 13, 2009).* "[W]e hold that defendant's weaving within his lane, standing alone, is insufficient to support a reasonable suspicion that defendant was driving under the influence of alcohol...continue to full post

Full post as published by Fourth Amendment on March 20, 2009 (boomark / email).

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