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17 F.3d 85 Fifth Circuit March 11, 1994 No. 93-04312
He waived a jury trial and moved to suppress the evidence seized from the vehicle without a warrant. The district court denied the motion and after a bench trial found him guilty.
Barlow first contends that the district court erred m denying his motion to suppress the evidence seized from his car without a warrant.
This court has even suggested that a vehicle search of this type may be upheld on exigency grounds. See, e.g., United States v.
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199 F.3d 193 Fifth Circuit December 23, 1999 No. 98-41129
According to the record (including a videotape mounted in the patrol car), Dortch, on the officers’ request, exited the car, produced his license and car rental papers, and consented to a pat down search to ensure that he was not carrying
Sixteen months later, a search warrant issued for Dortch’s residence in Pensacola, 2 where officers recovered a sifter, triple beam scales, Inositol powder, baking powder, and a firearm.
no weapon, may not further detain the person to question him.
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536 F.2d 1098 Fifth Circuit August 13, 1976 No. 75-1491
which would warrant a reasonable person to believe he was in danger.
Thus, it is not enough that he merely have acted reasonably; he is about to do a thing constitutionally extraordinary to halt and search a citizen without a warrant, without arresting him, and without probable cause to arrest him and
I don't close people up behind me in a car without patting them down."
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739 F.3d 241 Fifth Circuit January 7, 2014 No. 12-11279
, inter alia, whether the police officer asked Guzman for consent to search his car.
officer conducts an unlawful search, the fruits of that search, including incriminating statements, may be inadmissible.
of a home, without a warrant, are not present.”
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242 F.3d 307 Fifth Circuit February 22, 2001 No. 00-40133
The affidavit of Nancy Francis, a friend who saw Glenn in the police car, states that the police car windows were closed, the engine and air conditioner were off, the doors were shut and that the car was in the sun and it was extremely
Under Texas law, a police officer may arrest, without a warrant, “persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to a member of the person’s family or household.”
a home without a warrant, or physical penetration of the body.”
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750 F.2d 307 Fifth Circuit January 28, 1985 No. 83-4550
We start with the general proposition that a search warrant, unlike an arrest warrant, may issue, without the slightest clue to the identity of the criminal, if there is probable cause to believe that fruits, instrumentalities or evidence
Instead, he was taken from a neighbor’s home to a police car, transported to a police station, and placed in an interrogation room.
Search Pursuant to Warrant. We also reject the claim that the search pursuant to the warrant was illegal.
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928 F.2d 676 Fifth Circuit April 1, 1991 No. 90-5563
On the night of June 29, 1989, Officer Rudolfo Gomez of the San Antonio, Texas, Police Department stopped a car carrying four passengers, including Colin.
Tex.Rev.Civ.Stat.Ann. art. 6701d, § 107C(b) (defining traffic offense of riding in front seat of passenger car without a seat belt); id. § 153 (authorizing police officers to arrest traffic violators without a warrant).
Long held that “police may order persons out of an automobile during a stop for a traffic violation, and may frisk those persons for weapons if there is a reasonable belief that they are armed and dangerous.” Id.
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541 F.3d 562 Fifth Circuit August 22, 2008 No. 07-20200
Consent to Search “A search may be conducted without either probable cause or a warrant if it is conducted pursuant to consent.” United States v. Richard, 994 F.2d 244, 250 (5th Cir.1993).
Thus, Moreman’s search of the phones without a warrant, without probable cause, and absent consent violated the Fourth Amendment. D.
See Finley, 477 F.3d at 260 (holding that a police officer may conduct a warrantless search of a cell phone on a person if the search is incident to arrest).
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486 F.3d 855 Fifth Circuit May 15, 2007 No. 05-20330
Police officers stopped the vehicle a few blocks away, placed the defendant in the back of a police car, and then asked his girlfriend for consent to search her home, which she gave.
The day after receiving the tip, the police did not seek a warrant. Rather, six officers set up surveillance outside the residence. Three or four hours later, a car drove away from the residence.
No search warrant was obtained, you had all of that time period, and instead this pretextual stop without an actual traffic violation was the manner used to get him into what was effectively custody, (emphasis added).
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993 F.2d 431 Fifth Circuit June 4, 1993 No. 92-4822
Guzman denied the allegation and invited the officer to search the car. The search revealed cocaine concealed in the car, whereupon Guzman and his wife were arrested.
When the driver has produced a valid license and proof that he is entitled to operate the car, he must be allowed to proceed on his way, without being subject to further delay by police for additional questioning.
After making the foregoing findings, the district court ultimately found “that the consent to search was given voluntarily by Mr. Parker without coercion.”
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834 F.2d 1179 Fifth Circuit December 17, 1987 No. 86-3469
That the police may have been motivated to execute the warrant for reasons extrinsic to the offense ordinarily is irrelevant so long as there is probable cause for the arrest.
So what the majority opinion characterizes as their "belief" that they made an arrest without probable cause we may take to be well founded.
Police who desire to arrest an individual without probable cause may merely leaf through the files or turn to the computer to determine whether they can find some reasons to arrest a suspect for whose arrest they otherwise lack probable
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927 F.2d 815 Fifth Circuit March 19, 1991 No. 89-2843
After Cruz was arrested, agents obtained a search warrant for his home where they discovered fifty kilograms of cocaine.
The Stop of Gallo’s Car. Gallo first contends that the police violated his rights under the fourth amendment by stopping his car to conduct an investigative search.
We find that these contentions are without merit.
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431 F.2d 441 Fifth Circuit August 13, 1970 No. 27025_1
In his dissenting opinion in Chambers , Justice Harlan suggests that probable cause is never alone sufficient to search without a warrant, but that other and exigent circumstances are required.
United States (US) supra, where the smell of opium coming from a closed room was not enough to support an arrest and search without a warrant. Henry v.
If a search of an automobile is made without probable cause, one having the right to complain may recover damages and suppress any incriminating evidence which is seized.
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713 F.3d 248 Fifth Circuit April 3, 2013 No. 12-50044
The intentional tort alleged by Davila occurred well after the search of his car by Border Patrol agents.
Rather, they contend that an agent issued the BOLO without first researching whether Tocho was still associated with the car, and assert that Tocho had not been associated with the car for several months.
The plaintiffs claimed that Unknown CBP Agents were negligent in issuing a BOLO on Davila’s car without first conducting a proper review of CBP records to ascertain whether Tocho was still associated with the car.
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441 F.2d 749 Fifth Circuit April 6, 1971 No. 29603
Of course, any search without a warrant places upon the Government the burden to convince the court that it was reasonable under all of the facts and circumstances. In Camara v.
An automobile may be searched without a warrant in a variety of circumstances.
Automobiles coming into the lawful custody of the police may be searched without a warrant for the purpose of inventorying the contents and providing for their safekeeping, without having probable cause to believe that evidence of
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396 F.2d 524 Fifth Circuit May 23, 1968 No. 24226
Arrests-- when made without warrant.
to sell an out-of-state car without supporting title.
In my opinion Lathers' arrest without a warrant and particularly his confinement and the search of the truck constituted an unreasonable seizure and search in violation of the Fourth Amendment under Elkins v.
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127 F.3d 424 Fifth Circuit November 6, 1997 No. 96-40151
However, Starnes may also enjoy absolute immunity under Mays v. Sudderth, 97 F.3d 107 (5th Cir.1996), for his refusal to prevent the search of Hart’s home and her arrest during the execution of the warrant.
While Starnes was present during the search of Hart’s property and her arrest, he was not acting in obedience to the magistrate’s commands in the search and arrest warrant; the warrant was not even addressed to him.
The objective standard of Harlow applies to claims of unlawful search and arrest such as this, in which the plaintiff alleges that the officer who requested the warrant intentionally or recklessly sought an affidavit without probable
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290 F.3d 223 Fifth Circuit April 18, 2002 Nos. 00-10821, 01-11207
” of a prior illegal search: (1) that the police would still have sought a warrant in the absence of the illegal search; and (2) that the warrant would still have been issued (i.e., that there would still have been probable cause to
Agent Nuckles’[s] decision to seek the search warrants in this case was unaffected by the fact that the police, including himself, may have looked at more disks than did the private parties. 8.
This is not to say that discussion of prior illegal search activity in a warrant application is irrelevant in assessing whether the police would have sought a warrant in the absence of a prior illegal search.
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894 F.2d 1430 Fifth Circuit February 12, 1990 No. 89-1178
Miller, 821 F.2d 546, 549-50 (11th Cir.1987) (stop of defendant's car without reasonable suspicion tainted defendant's subsequent consent to car's search).
The majority's use of Opperman, a case involving a search after the police impounded a car, is similarly misplaced.
United States, 362 F.2d 493, 494 (5th Cir.1966) ("Whether there was probable cause for any particular search without a warrant is always a judicial question...."); cf. United States v.
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161 F.3d 834 Fifth Circuit November 23, 1998 No. 97-20316
The district court likewise focused upon Summers, holding that police may detain a person not named in the search warrant while a validly executed search warrant is executed.
The holding in Summers was far more narrow. 16 In Summers, police obtained a valid warrant to search a house.
are executing a validly executed search warrant for contraband.
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