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

Criminal Law

: Fourth Amendment

M.D.Fla.: Issuance of arrest warrant did not extend state conditional release to support search after expiration

By John Wesley Hall, Jr.

Defendant’s conditional release expired about six weeks before the search of his house, so his condition could not justify the search. Issuance of a violation arrest warrant before that date did not extend conditional release. United States v. Franklin, 2010 U.S. Dist. LEXIS 61993 (M.D. Fla. March 29, 2010), adopted 2010 U.S. Dist. LEXIS 61981 (M.D. Fla. June 22, 2010). The passenger’s furtive movement as the officer walked up during a traffic stop justified a frisk of the car. Defendant’s arguments the search violated state law is inapplicable in federal court. United States v. Gaulden, 2010 U.S. Dist. LEXIS 62468 (D. Minn. June 14, 2010).* Search of work lockers for missing equipment was justified under the circumstances and reasonable under O’Connor...continue to full post

Full post as published by Fourth Amendment on June 25, 2010 (boomark / email).