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483 F.3d 404 Fifth Circuit April 3, 2007 No. 05-41684
During that conversation, Shelton instructed Gore that he could not search Freeman’s house without a warrant.
Specifically, the court held that because the deputies had no right to search Freeman’s house, they likewise could not arrest or threaten to arrest Freeman for refusing to permit them to search the house without a warrant.
Here, at the time of Freeman’s arrest, the deputies knew that Freeman would not consent to a search of her home without a warrant; that they did not have a warrant to search Freeman’s home; and that Freeman’s son Kevin resided not
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474 F.2d 174 Fifth Circuit February 14, 1973 No. 71-2097
from being made without a warrant.
It was therefore reasonable to search the briefcases without a warrant even though the defendants were safely confined in the police car and well beyond the permissible range of a Chimel search.
of a search warrant.
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630 F.3d 397 Fifth Circuit January 6, 2011 No. 09-10133
Oliver also consented to a search of his car, but he declined to consent to a search of his home.
of the laptop computer before it obtained a search warrant.
When confronted with situations where, as here, the police search items found within a residence after a private search has already been conducted, a defendant may retain a reasonable expectation of privacy following the private search
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275 F.3d 449 Fifth Circuit December 10, 2001 Nos. 00-10821, 01-11207
The recipients then contacted federal agents, who viewed the films with a film projector without obtaining a warrant to search the contents of the packages.
Police officers subsequently opened the camera lens case without obtaining a warrant and discovered plastic bags containing metham-phetamines.
The government’s position is that the magistrate judge’s decision to issue a warrant permitting police to search the computer and the disks was independent of the pre-warrant searches — the same warrant would have been issued even
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23 F.3d 94 Fifth Circuit June 16, 1994 No. 93-08354
I, Moses Macias, Jr., was ordered around to stand in different positions, was also search[ed] outside the car without any probable cause. Search and seizure laws are very strict.
An officer needs a warrant and the warrant has to be specific, on where to search and the officer needs probable cause, an affidavit made by oath, by a witness describing exactly where to search.
be interpreted as a description of that search is one line in the questionnaire in his discussion of his damages, where he stated that he “was ordered around to stand in different positions, was also search[ed] outside the car without
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421 F.2d 215 Fifth Circuit April 6, 1970 No. 27516
In Florida a private person may make a lawful “arrest” 8 without a warrant when a felony has been committed and he has reasonable cause to believe that the person he arrests has committed it. Moll v.
The postal inspectors also searched defendant’s car without first obtaining a search warrant.
Secondly, Montos argues that the inspectors had time to obtain a search warrant before making the search.
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862 F.2d 1177 Fifth Circuit January 12, 1989 No. 87-1724
Clark apprehended Salazar, and placed him in the police car, in which Craig Pearson was already sitting.
An officer either conducts a search with probable cause or conducts a search without probable cause.
The Fourth Amendment requires both probable cause and a warrant before police may conduct a full-blown search, in the absence of narrowly-defined exceptions to the warrant requirement, such as the existence of exigent circumstances
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391 F.2d 308 Fifth Circuit February 23, 1968 No. 23480_1
The United States relies on the well-recognized exception that as an incident to arrest, either with or without a warrant, the arresting officers may search the person arrested and his immediate surroundings. Harris v.
The defendant’s car overturned, causing the trunk to open, disclosing bootleg whiskey clearly visible to the officers without a search when they reached the car.
Rothblatt, The Arrest: Probable Cause and Search Without a Search Warrant, 35 Miss.J.Jour. 252, 265.
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237 F.3d 567 Fifth Circuit January 17, 2001 No. 98-21032
Although Wells and Fincher implied that they had a search warrant, Piotrowski never saw it.
The IAD investigator responded to lengthy complaints by or on behalf of Piotrowski, received nearly as lengthy responses from Fincher and Wells, and reviewed relevant police department records like the search warrant.
On another occasion, Bell and Wells traveled to California and searched the home of Piotrowski's parents, apparently without a warrant.
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949 F.2d 737 Fifth Circuit December 13, 1991 No. 90-8581
Therefore, we hold that the police may seize a car from a public place without a warrant when they have probable cause to believe that the car itself is an instrument or evidence of crime.
Clearly, police may make a war-rantless inventory search of a legitimately seized car, as long as the inventory search is conducted according to established procedures of the searching police department. 46 As the purpose of an
Hicks teaches us that the plain view exception means only that if a car may be lawfully seized in a public place without a warrant, it also may be seized in a private place, under the circumstances set forth in Horton v.
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456 F.3d 519 Fifth Circuit July 18, 2006 No. 05-10486
At a bench conference after jury selection and prior to presenting the indictment to the jury, Fields made an oral motion to suppress evidence because he contended that the second search of the Impala, conducted without a warrant,
The search incident to an arrest exception to the warrant requirement “allows police to search the passenger compartment of a vehicle incident to a lawful custodial arrest of both ‘occupants’ and ‘recent occupants’ ” of the vehicle
Rather, Fields had crashed the car into the side of the building. The Fourth Amendment concerns that arise when the police search a car that is parked in the driveway of a home, without a warrant, are not present here.
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136 F.3d 1012 Fifth Circuit April 14, 1998 No. 97-40236
Cox’s search of the attic space was conducted without a search warrant. W.R. Cox told Willard and Windell to keep working while he went and got “some help.”
be seized, at least temporarily, without a warrant!
“It is well established that under certain circumstances the police may seize evidence in plain view without a warrant.” Horton v.
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991 F.2d 195 Fifth Circuit May 10, 1993 No. 92-3186
Rather than search the car at the scene, Riehl secured the car and obtained a search warrant prior to conducting a search.
The police may search the car without a warrant on the spot where it is stopped or after immobilizing it. Chambers v. Maro-ney, 399 U.S. 42, 51 , 90 S.Ct. 1975, 1981 , 26 L.Ed.2d 419 (1970).
Alternatively, the more cautious approach is to immobilize the vehicle until a search warrant may be obtained. Id. In this case, the officers obtained a warrant prior to conducting their search.
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814 F.3d 721 Fifth Circuit February 24, 2016 No. 14-11134
Smith, Pipes, Adams, and Collins each testified that they personally yelled some variation of “police” and “search warrant.”
[or] ‘search warrant,’ but did not hear them yell anything.
While the police claimed they yelled “police, search warrant,” the only statement heard by Camp as he sat at a desk in an adjoining office was “get your hands up.” Camp never heard anyone yell “police, search warrant.”
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480 F.2d 759 Fifth Circuit June 28, 1973 No. 72-3544
First, the officers could have proceeded exactly as they did, except that instead of conducting a warrantless search of the car, they could have seized the car without a warrant, secured it against movement, and sought a warrant before
without a warrant”.
It may be true that the officers had effectively seized the car at the time of the initial search; but this does not mean that, having seized the car without a warrant, they were obliged to refrain from searching it until a search
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735 F.2d 809 Fifth Circuit June 18, 1984 No. 83-2710
FACTS On May 25, 1982, Sergeant David Brink of the Corpus Christi Police Department, acting on information supplied earlier that day by a reliable informant, obtained a warrant to search an apartment at 2708 Mary Street in that city
This discovery, along with the other information that they had, gave the officers probable cause to search appellant’s car without a warrant. See United States v. Ross, 456 U.S. 798 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982).
The defense did contend that the warrant did not authorize Maldonado’s arrest or the search of his car.
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862 F.2d 526 Fifth Circuit February 1, 1989 No. 88-1026
After he gave his consent, the agents opened up the trunk without a search warrant. They found 225 pounds of marihuana. Gilbert was taken to the Border Patrol Headquarters.
Also Gilbert’s arrest without warrant can be justified as one for which there was probable cause. A. The Extended Border Search Justification.
An officer at the border or its functional equivalent may search any vehicle without probable cause or a warrant for reasons relating to sovereignty; the United States as a sovereign *531 state must be able to control what comes and
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510 F.2d 1118 Fifth Circuit April 4, 1975 No. 74--2060
PER CURIAM: Appellant Nieto was driving a car registered to the passenger Trevino, when the car was stopped and searched without warrant by federal drug agents acting on an informer’s tip.
This may be true, but the government does not rely upon the border-search exception.
Instead, it invokes the Carroll exception, which itself was carefully reaffirmed in Almeida-Sanchez: “It is settled, of course, that a stop and search of a moving automobile can be made without a warrant Carroll v.
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30 F.3d 616 Fifth Circuit September 2, 1994 No. 93-01941
The district court reasoned that Moore’s Fourth Amendment and false imprisonment claims accrued on May 10, 1988 — the date of Moore’s arrest and the search of his car, more than two years before Moore filed his action — and were barred
Additionally, Moore alleged that the warrant-less search of his vehicle was unreasonable.
Thus, the district court correctly concluded that Moore’s claim as to the allegedly unreasonable search of the car accrued on May 10, 1988, when he became “aware that he ha[d] suffered an injury or ha[d] sufficient information to know
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291 F.3d 325 Fifth Circuit May 9, 2002 No. 01-20189
By the initial plan Baxter was to meet Rogelio at a local fast-food establishment, setting up a search of his car. It didn’t work — Rogelio did not appear.
After waiting until 1:30 a.m. on July 12, the officers returned to the apartment and, without obtaining a search warrant, had Baxter knock on the door.
All of this assumes that policymakers may not rely on the representations of police officers as to the existence of an exception to the warrant requirement. 19 These offense reports are insufficient to establish actual knowledge
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