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Criminal Law

: Fourth Amendment

E.D. Cal.: Jail strip searches: group searches and searches of inmates to be released on return from court unreasonable

By John Wesley Hall, Jr.

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Defendant had been effectively seized for Miranda purposes when he made incriminating statements about marijuana in his car, so his statements are suppressed. There was PC for his stop for speeding. United States v. $43,584.00 in United States Currency, 2009 U.S. Dist. LEXIS 28720 (D. Neb. April 3, 2009).* On the question of coerced third party consent by a threat to get a search warrant, the government is allowed an opportunity to show what the probable cause was at the time the consent was given. United States v. Newman, 2009 U.S. Dist. LEXIS 28702 (W.D. Wis. April 3, 2009).* The particularity of the search warrant was sufficient, and the officer's familiarity with the property "obviated likelihood that another premises may have been mistakenly searched...continue to full post

Full post as published by Fourth Amendment on April 11, 2009 (boomark / email).

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