Criminal Law
: Fourth AmendmentSearch of entire residence is permissible under a search warrant even though PC only extended to one occupant
By John Wesley Hall, Jr. (all)
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 LEXIS 6049 (11th Cir. March 18, 2008) (unpublished).* "The fact remains that if Tommy Allen had been investigated, searched, prosecuted and arrested solely on the basis of his cultivation and possession of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).

Search of Defendant's Person Several Miles Away from Her Residence Was Improper
U.S. v. Young, 2008 WL 313436 (2/5/08) (unpub'd) - The 10th reverses a denial of a motion to suppress...
Search and seizure - Particularized description of place to be search adequately supported the warrant in spite of incorrect address: FENTRESS v. COM. (COA 6/27/2008)
FENTRESS v. COM.CRIMINAL: Search and seizure - Particularized description of place to be search adequately supported the warrant in spite of incorrect address2006-CA-002453PUBLISHED: AFFIRMINGPANEL: CAPERTON PRESIDING; LAMBERT, THOMPSON CONCURGRAYSON COUNTYDATE RENDERED: 6/27/2008Deficiencies in the address in the warrant and the amount of pseudoephedrine bought by him was different than what was contained in the affidavit for the search warrant served as the basis of attacking the search...
"Police not required to show search warrant right away"
"Police not required to show search warrant right away": Today in The Providence (R...
Search of House Upheld
U.S. v. Esterline, 2008 WL 2893819 (7/29/08) (unpub'd) - The 10th acknowledges finding drugs in a person's car does not necessarily establish nexus with the person's residence to justify a residence search...
The smell of marijuana emanating from a tenth-floor apartment in a high-crime area does not provide probable cause for police, while lacking a search warrant, to require the apartment's occupant to open the door
The smell of marijuana emanating from a tenth-floor apartment in a high-crime area does not provide probable cause for police, while lacking a search warrant, to require the apartment's occupant to open the door: A unanimous three-judge panel of the U...
SEARCH WARRANT INSUFFICIENT
On January 29, 2008 the New Jersey Appellate Division in State v. Marshall decided that the trial judge erred in denying a suppression motion with regard to a search warrant that was issued without sufficient specificity...
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Normally, if John and Mary own the property and they are transferring it to one ...
Can I return an entire lot of merchandise is some of the items were not as advertised?
Since they were specified as leather, you do have a case - however, your best fi...
How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
Does a Chapter 7 bankruptcy discharge a secured mortgage loan?
Yes if you file they cannot sue you to the knowledge I know. My brother is in re...
We have an e-2 visa that expires in August 2007. Can we just extend our I-94 for two years instead of the visa?
Would be nice to think that they( the powers that be) would consider your questi...








