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Search of entire residence is permissible under a search warrant even though PC only extended to one occupant

By John Wesley Hall, Jr.

Search of entire residence is permissible under a search warrant even though probable cause only extended to one occupant. Spending three hours looking for gambling records did not make the search a "general search." Gun and stun gun found during search were thus considered in plain view. United States v. Graziano, 2008 U.S. Dist. LEXIS 22408 (E.D. N.Y. March 20, 2008). District Court erred not considering the fundamental question of the totality of the circumstances surrounding consent. United States v. Holmes, 2008 U.S. App. LEXIS 6049 (11th Cir. March 18, 2008) (unpublished).* "The fact remains that if Tommy Allen had been investigated, searched, prosecuted and arrested solely on the basis of his cultivation and possession of medicinal marijuana, no violation of a federal constitutional or statutory provision would have occurred...continue to full post

Full post as published by Fourth Amendment on March 25, 2008 (boomark / email).