-
922 F.3d 328 Sixth Circuit April 25, 2019 No. 17-2126
search warrant.
In Cardwell , after the police secured a warrant for Lewis' arrest and arrested him, the police towed his car to a police impoundment lot, where a warrantless search of the outside of his car revealed paint scrapings tying Lewis
As the City's argument goes, if scraping paint from a car without a warrant was held reasonable in Cardwell , then certainly placing washable chalk on a vehicle's tire is reasonable.
-
874 F.3d 490 Sixth Circuit October 27, 2017 No. 15-5793
In Brown, police sought a search warrant for the defendant’s home after they recovered drugs from a car that was parked at a codefendant’s house but was registered to the defendant’s home address. Id. at 379–80.
While the observation of a drug sale here may suffice to search White’s car, that single sale in a driveway does not by itself demonstrate the kind of ongoing drug trafficking that we have found to authorize a search of that seller
Van Shutters, the police had conducted an active, year-long investigation into a series of car thefts and had already arrested the defendant before obtaining the warrant to search the residence in question. 163 F.3d 331, 334 (6th
-
902 F.3d 630 Sixth Circuit September 5, 2018 No. 17-6051
The Voluntariness of the Search Generally, a judicially issued warrant is required to conduct a search. Andrews v. Hickman Cty. , 700 F.3d 845 , 854 (6th Cir. 2012).
Neither Klare, nor any of the other officers, explained this right to Harris, and Harris testified that she "didn't know that [she] was able to consent" to the search because Klare asserted that she may need to search Harris, without
Although the officers on the scene did not know this, the suspect had interacted with the police earlier in the day, having "hurriedly walked away" from officers "without making eye contact." Id . at 564.
-
949 F.3d 251 Sixth Circuit January 30, 2020 No. 18-6281
It is blackletter law that the police can lawfully search a car without a warrant if they have probable cause. See, e.g., United States v. Ross, 456 U.S. 798 , 809 & n.11 (1982) (collecting cases).
Taylor, 834 F.2d 1213 , 1218–19 (5th Cir. 1988) (holding that the police “may not disregard facts tending to dissipate probable cause”).
a second, manual car search.
-
852 F.3d 568 Sixth Circuit March 27, 2017 No. 16-5949
King alleges that Duncan then directed Figg to request a search warrant again, but “the Commonwealth’s Attorney stated that there was not enough probable cause to obtain a search warrant.”
According to King, Harwood interviewed her on May 31, 2006, and June 12, 2006, but did not document either interview — though when Harwood sought a search warrant for King’s home on June 12, 2006, he referred to a May 31, 2006, visit
Harwood received the search warrant.
-
925 F.3d 305 Sixth Circuit May 31, 2019 No. 17-1799
*308 Based on a five-page-long search-warrant affidavit-which included evidence from a confidential informant and other sources, a controlled buy, and direct police-officer surveillance-a magistrate determined that there was probable
To boot, police officers are mostly non-lawyers who must draft search-warrant affidavits "on the basis of nontechnical, common-sense judgments." Id. at 235-36 , 103 S.Ct. 2317 .
mix that courts review to decide whether evidence generated from the search may be used or must be suppressed."
-
878 F.3d 541 Sixth Circuit December 27, 2017 No. 15-2306
Among 'the reasons for Phillips’s termination, the Ferndale Chief of Police cited the following violations of police policy: Phillips engaged in vehicular pursuit as the third police car without permission, passed the secondary and
more than two police cars from actively pursuing a fleeing car without special permission.
The Ferndale Chief of Police testified that Officer Phillips violated department policy by joining the pursuit as the third police car without the required permission. .
-
954 F.3d 919 Sixth Circuit April 1, 2020 No. 18-6066
Lott was stopped by Kentucky State Trooper Michael King on Interstate-75 for traveling in the left lane without passing other cars. No. 18-6066 United States v. Lott Page 2 A search of his car turned up heroin and other drugs.
King did not go back to the patrol car to check the status of the warrant search: “I don’t think I went back to my car to actually see if the results had came [sic] back yet.
There is no indication that King delayed his return to the patrol car beyond the first instance search results may have been returned.
-
956 F.3d 879 Sixth Circuit April 21, 2020 No. 18-3819
On April 27, 2015, the warrant was approved by Akron Municipal Court Judge Jerry K. Larson. The following day, the Akron police executed the search warrant.
Validity of the Search Warrant Sumlin challenges the search warrant as inadequate under the Fourth Amendment, which provides that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
The district court properly denied Sumlin’s motion to suppress the search warrant for his residence, because it is clear that the “four corners of the search warrant affidavit” establish a sufficient nexus between Sumlin’s residence
-
9 F.4th 416 Sixth Circuit August 17, 2021 No. 20-1996
After being arrested, Williams refused to walk to the police car and had to be hand-carried to the vehicle by several officers.
“Accordingly, law enforcement officers may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.” Id.
“At this point,” an officer entered the home without a warrant. Id.
-
97 F.4th 1038 Sixth Circuit April 10, 2024 No. 22-1433
Police found Rogers—without a driver’s license—in the passenger seat of his girlfriend’s car. And he never showed he had “complete dominion and control” over the car. Rakas, 439 U.S. at 149 (distinguishing Jones v.
The officers ran a database search of Rogers’s name, learned that he had an outstanding warrant, and arrested him.
Reasonableness of the Search and Seizure Because I would hold that Rogers had a legitimate expectation of privacy in the car, I would also assess whether impounding the vehicle without a warrant was consistent with the Fourth Amendment
-
933 F.3d 577 Sixth Circuit August 5, 2019 No. 18-1314
When the officers eventually restrained Coffey, they handcuffed him and placed him in the backseat of a police car.
enter a home without a warrant while in hot pursuit of that suspect.").
Here, the district court defined the right at issue as the Fourth Amendment right against an officer entering a person's home without a warrant; doing so makes the search presumptively unlawful.
-
993 F.3d 441 Sixth Circuit April 1, 2021 No. 20-5631
Ultimately, on May 17, 2018, Detective Brandon Evans filed three affidavits seeking search warrants for three locations. Evans’s first affidavit sought a warrant to No. 20-5631 United States v.
When may the officers obtain a warrant to search the suspect’s home for evidence of the crime (say, the gun used or money taken)? This issue raises conflicting concerns.
Because most police officers are not lawyers, they may be expected to defer to the judge’s legal conclusion in that regard. See id.
-
996 F.3d 330 Sixth Circuit April 30, 2021 No. 20-5096
When the police seek a warrant to search a home for physical items, the caselaw has long answered this question: The police need a probable-cause “nexus” showing a fair probability that the home to be searched will contain the things
Sheckles Page 14 The Supreme Court has said that the police may initiate a Terry stop when they reasonably suspect that “criminal activity ‘may be afoot.’”
The police may also engage in Terry stops to investigate past crimes.
-
969 F.3d 638 Sixth Circuit August 12, 2020 No. 19-1392
Thornton, accompanied by Elges and others, executed a search of the Brooklyn apartment on May 21, 2014.
It may have happened, but as the officers said, it may have been a one-time thing, just feeling crazy that day. I don’t know for sure, and without the [Kik message] logs, I cannot confirm that it happen[ed].
It may have happened, but as the officers said, it may have been a one-time thing, just feeling crazy that day. [He did not] know for sure, and without the [message] logs, [he could not] confirm that it happen[ed].
-
106 F.4th 455 Sixth Circuit June 28, 2024 No. 21-5945
Sanders Page 30 Second, the majority opinion suggests that, without any direct or circumstantial evidence connecting a home with criminal activity, a search warrant may be issued because “a judge can infer that drug traffickers use
Indeed, in cases where probable cause is obvious, it may be true that no additional police work is needed. Allen, 211 F.3d at 976 .
In his view, the information was material to his defense because it may have exposed deficiencies in the search warrant affidavit such that he could prevail on a motion to suppress.
-
949 F.3d 938 Sixth Circuit February 7, 2020 No. 18-1614
Shortly thereafter, police officers, without a warrant for entry or arrest, forcibly entered Barton’s home and arrested him for animal cruelty.
Page 8 “A police officer’s entry into a home without a warrant is presumptively unconstitutional under the Fourth Amendment.” Ewolski v. City of Brunswick, 287 F.3d 492, 501 (6th Cir. 2002).
It has long been established that an officer may not enter a home absent a warrant or an exception to the warrant requirement. See Welsh v. Wisconsin, 466 U.S. 740, 748 (1984); Payton v.
-
903 F.3d 553 Sixth Circuit September 6, 2018 No. 17-4027
An Ohio court issued a search warrant based on the officers’ observation of the marijuana plants. During the ensuing search, the police found weapons, drugs, and drug paraphernalia.
Indeed, many (if not most) Fourth Amendment violations would benefit the police in some way: It could be safer for police without a warrant to kick in the door in the middle of the night rather than ring the doorbell during the day
The SCRAP unit, following official policy, entered the constitutionally protected area around Morgan’s and Graf’s home without a warrant and without satisfying any of the narrow exceptions to the warrant requirement.
-
905 F.3d 409 Sixth Circuit September 20, 2018 No. 17-4245
When this happens, law enforcement may obtain a warrant that it shouldn't have obtained and search a place that it shouldn't have searched.
There, police executed a search warrant at a property with a barn. In the barn, officers found and arrested Kenny and his son. Id. at 460 .
And based on the search of the stores, the police then applied for a warrant to search Heard's home.
-
920 F.3d 1038 Sixth Circuit April 4, 2019 No. 17-1933
The district court granted summary judgment to the police officers because "the code inspectors had authority to enter Plaintiffs' premises on the strength of the criminal search warrant being executed by police officers without going
may be required to execute their search in safety and then depart."
But the court then concluded: [T]he code inspectors had authority to enter Plaintiffs' premises on the strength of the criminal search warrant being executed by police officers without going through the formality of obtaining a separate
Showing the top 500 cases. Narrow your search or add filters to see more.