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M.D.Pa.: Bench warrant does not authorize nighttime entry

By John Wesley Hall, Jr.

Court credits officers’ testimony that defendant consented to the search and understood English well enough. United States v. Santamaria, 2009 U.S. Dist. LEXIS 35823 (E.D. Mich. April 29, 2009).* 911 call about a home invasion at plaintiffs’ address justified the police coming and entering without a warrant. Alford v. Pousak, 2009 U.S. Dist. LEXIS 35829 (E.D. Mich. April 29, 2009).* Executing a bench warrant for arrest did not authorize a nighttime entry since a separate showing of need is required for a nighttime entry. Perez v. Borough of Berwick, 2009 U.S. Dist. LEXIS 35778 (M.D. Pa. April 28, 2009).* Search warrant could authorize a search for all persons on the premises. United States v. Hicks, 2009 U.S. Dist. LEXIS 36145 (E...continue to full post

Full post as published by Fourth Amendment on May 02, 2009 (boomark / email).