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165 F.3d 397 Sixth Circuit December 30, 1998 No. 97-6010
After Ivy failed to appear for an evidentiary hearing scheduled for May 18, *399 1993, a warrant was issued for his arrest. Ivy was arrested April 23,1996.
In the ease sub judice, Ivy claims that he did not consent to the police entry into his home, and that this fact, in conjunction with the fact that the police did not have a search warrant, renders the search invalid.
Based on the defendant’s statement that the gun was in the home -of his girlfriend’s mother, the police conducted a search of that home, and, after they found nothing, placed the defendant’s girlfriend in a squad car without arresting
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430 F.3d 345 Sixth Circuit November 22, 2005 Nos. 03-1451, 03-1621
Indiana state police then obtained a search warrant for the Range Rover based on the surveillance observations and Sabor's alert.
"For constitutional purposes, [there is] no difference between on the one hand seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out an immediate search without a warrant
Indeed, "there is little to choose in terms of practical consequences between an immediate search without a warrant and the car's immobilization until a warrant is obtained."
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300 F.3d 638 Sixth Circuit August 2, 2002 Nos. 00-5662, 00-5771 and 00-5772
Riascos-Suarez, 73 F.3d 616 (6th Cir.1996): A search may be conducted without a warrant if a person with a privacy interest in the [place] to be searched gives free and voluntary consent.
Warrant language may fall short of technical exactitude without necessarily violating the materiality and scienter requirements of Franks. See Pelham, 801 F.2d at 877 .
Exigent circumstances permitting police to enter a structure without a warrant may arise when evidence of drug crimes is in danger of destruction. See United States v. Sangineto-Miranda, 859 F.2d 1501, 1511 (6th Cir.1988).
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410 F.3d 810 Sixth Circuit June 8, 2005 No. 03-2204
the back of a police car, without circumstances that warrant the additional intrusion.
Turning to this case, we see no facts that warrant detention in the back of a police car.
Counsel may shout “officer safety” until blue-in-the-face, but the Fourth Amendment does not tolerate, nor has the Supreme Court or this Court ever condoned, pat-down searches without some specific and articulable facts to warrant
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321 F.3d 558 Sixth Circuit April 24, 2003 No. 01-6133
In executing the warrant, Officer Mac-kall and other police officers pulled up in front of the residence in an unmarked van and got out of the vehicle. Officer Mackall believed there was also a marked police car present.
Once at the front door, the officers knocked on the door and announced “Police, search warrant.”
At the front wrought iron security door, the officers knocked and announced, “Police, search warrant.”
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999 F.2d 966 Sixth Circuit July 7, 1993 No. 91-6289
A police officer may search the passenger compartment of an automobile incident to the lawful custodial arrest of the occupant of the vehicle without a warrant or probable cause. New York v.
Further, where police have probable cause to believe that a vehicle contains contraband, they may search the entire vehicle and any containers located within it. California v.
Incident to that arrest the officers could search the interior of his car without a warrant or probable cause; thus, the cash found under the front seat was admissible.
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76 F.3d 773 Sixth Circuit February 26, 1996 No. 95-1143
The police officers then secured the apartment for four hours while they obtained a search warrant.
First, during a search incident to an arrest occurring inside a home, officers may, “as a precautionary matter and without probable cause or reasonable suspicion, look in closets and other spaces immediately adjoining the place of
Second, officers may conduct a search more pervasive in scope when they have “articulable facts which, taken together with the rational inferences from those facts, would warrant a reasonably prudent officer in believing that the area
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743 F.2d 1158 Sixth Circuit September 13, 1984 No. 82-5766
Absent exigent circumstances, that threshold may not be reasonably crossed without a warrant. This is not a novel idea. As eloquently explained by Justice Jackson in Johnson v.
a search without a warrant would reduce the Amendment to a nullity and leave the people’s home secure only in the discretion of police officers....
Absent exigent circumstances, the privacy of a home may not be invaded without a warrant. Payton v. New York, 445 U.S. at 590, 100 S.Ct. at 1382 .
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658 F.3d 598 Sixth Circuit September 29, 2011 No. 10-1553
Viewing the facts and inferences in the light most favorable to Bazzi, a reasonable jury could find that Thompson agreed with Saab and Haidar to stop Bazzi’s car without reasonable suspicion or probable cause.
Without Thompson’s participation, Saab and Haidar decided to generate the false police report themselves.
“Some tips,” however, “completely lacking in indicia of reliability, would either warrant no police response or require further investigation before a forcible stop of a suspect would be authorized.”
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25 F.3d 293 Sixth Circuit May 16, 1994 No. 93-3254
The police then executed a search warrant for the house at 1514 Third Street. The house was owned by Clara Martin, defendant’s grandmother. Inside were Clara Martin, defendant Erina Martin, and Harvey Buchanan.
Second, Martin challenges her probation officer’s search of her car after her arrest and contends that the evidence seized in that search should have been suppressed.
She contends that the police used her probation officer as a means of searching her car without the requirement of a warrant.
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341 F.3d 524 Sixth Circuit November 4, 2003 No. 01-1934
Maroney, 399 U.S. 42 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970), the Court held that if a warrantless search is justified under Carroll , the police may seize the car and search it at the station house without a warrant.
We conclude that the agents had both probable cause and justification for seizing and searching Swanson’s automobile without a warrant. First, the agents had probable cause to seize and search the vehicle.
Indeed, the agents could have guarded both Swanson and the car until a warrant could be obtained. However, that is no less of an intrusion than the seizure and subsequent search of the car.
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405 F.3d 425 Sixth Circuit April 22, 2005 No. 04-5096
Hensley does not stand for the proposition that the police may execute a valid arrest warrant by any means simply because the warrant is valid.
In Green , police officers stopped a car without reasonable suspicion. The officers sought information about a fugitive from the car’s occupants, two brothers.
as authorized law enforcement officers of the GALLATIN POLICE DEPARTMENT of my CONSTITUTIONAL RIGHT not to have a search made of the premises and property owned by me and/or under my care, custody and control, without a search warrant
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85 F.3d 1184 Sixth Circuit June 6, 1996 Nos. 95-3242, 95-3513
In executing the warrant, police found incriminating evidence linking Ryan to drug trafficking and financial transactions with Caicedo. B.
Without having suffered a violation of his own Fourth Amendment rights, Ryan may not vicariously assert the Fourth Amendment rights of Caicedo. Rakas v.
Police may arrest a person without a warrant if they have probable cause at the time of the arrest to believe that the person has committed or is committing a crime. Beck v.
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310 F.3d 937 Sixth Circuit November 19, 2002 No. 01-3301
The alleged violations arose out of an incident on July 9,1998, when Charles Burchett was seized, handcuffed, and detained in a police car while law enforcement officials executed a search warrant on the home of his brother, who lived
In Summers , police approaching a house to execute a search warrant saw the owner of the house leaving and detained him for the duration of the search. Id. at 693 , 101 S.Ct. 2587 .
Monroe Township, 50 F.3d 1186, 1192 (3d Cir.1995) (“Although Summers itself only pertains to a resident of the house under search, it follows that the police may stop people coming to or going from the house if police need to ascertain
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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.
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693 F.3d 589 Sixth Circuit September 6, 2012 No. 11-1073
Under the Fourth Amendment, no search warrant shall issue without probable cause. United States v. Jackson, 470 F.3d 299, 306 (6th Cir.2006).
the date the police officers sought the search warrant.
However, ... even evidence not described in a search warrant *602 may be seized if it is reasonably related to the offense which formed the basis for the search warrant.” United States v.
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225 F.3d 615 Sixth Circuit August 9, 2000 No. 99-5565
As the Third Circuit concluded, "[a]lthough Summers itself only pertains to a resident of the house under search, it follows that the police may stop people coming to or going from the house if police need to ascertain whether they
Read together, Summers and Fountain allow the authorities to detain all persons who are on the premises to be searched when the police execute a search warrant.
). 19 However, those state interests are not present when, as in this case, those coming to the scene were not on the premises when the police executed the search warrant, but rather arrived after the search had been substantially
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682 F.3d 502 Sixth Circuit June 19, 2012 Nos. 10-3587, 10-3588, 10-3589
of the car without a warrant was not justified.
Earvin’s final argument is that the towing and continued search of the car without a warrant was not justified; But in Chambers v.
the car to the police station and search the vehicle without a warrant.
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136 F.3d 1070 Sixth Circuit February 13, 1998 No. 96-6456
Pursuant to the automobile exception to the warrant requirement, an officer may search a readily mobile vehicle without a warrant if he has probable cause to believe that the vehicle contains evidence of a crime.
Rohrig, 98 F.3d 1506 (6th Cir.1996), the police were allowed to enter a home without a warrant in order to turn down a stereo or to find an occupant to turn down the stereo.
Plaintiff has alleged that his Fourth Amendment rights were violated when Defendants searched his vehicle without a warrant.
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16 F.3d 1429 Sixth Circuit February 14, 1994 No. 93-5103
Police records also indicated that on July 31, 1991, officers of the Clarksville, Tennessee, police department obtained a search warrant for apartment 13C in the Lincoln Homes housing project located in Clarksville, Tennessee.
The government argued that the search of Di Re was justified as incident to a lawful arrest and that “the validity of an arrest without a warrant for a federal crime is a matter of federal law to be determined by a uniform rule applicable
There was probable cause for the warrantless search of the rental car.
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