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Criminal Law

: Fourth Amendment

CA11: SW for guns permitted entry into a safe large enough to hold one

By John Wesley Hall, Jr.

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The search warrant was for firearms, and the police found a shotgun and a safe. The search warrant permitted the officers to enter the safe to look for firearms because the safe was large enough to hold guns. The police were not obligated to stop the search when one gun was found. United States v. Edwards, 2009 U.S. App. LEXIS 19332 (11th Cir. August 27, 2009) (unpublished).* The target of a search warrant was unable to get the search warrant application unsealed because the investigation was ongoing and the government claimed it still needed secrecy in the investigation. In re A Single Family Residence Located at Lot 77 of the Waiolani Mauka Subdivision, 2009 U.S. Dist. LEXIS 76254 (D. Haw. June 19, 2009), adopted In re Various Searches & Seizures, 2009 U...continue to full post

Full post as published by Fourth Amendment on August 29, 2009 (boomark / email).

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