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170 F.3d 889 Ninth Circuit March 16, 1999 No. 98-30027
a police officer may search the passenger compartment of an automobile and its containers as a “contemporaneous incident of [a lawful] arrest.”
The defendant was ordered out of the car, handcuffed, and placed in the back of a police car.
Even though the officer did not arrest Knowles, the officer conducted a full search of the car without Knowles's consent or probable cause and found marijuana and a “pot pipe.” Id.
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15 F.3d 856 Ninth Circuit February 1, 1994 No. 92-30126
Parr, 843 F.2d 1228, 1232 (9th Cir.1988) (“police who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed within the car may make a probing search of compartments and containers
Law enforcement officers are entitled to search an automobile without first obtaining a warrant in those cases where the police “have probable cause to believe that an automobile contains evidence of a crime ...”
, or the police officer executing a warrant, or the police officer conducting a search or seizure under one of the exceptions to the warrant requirement — is not that they always be correct, but that they always be reasonable.
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371 F.2d 385 Ninth Circuit January 23, 1967 No. 20986_1
Agent Howerton was called by the Las Vegas police. He went to the police impound lot and looked at the car. He had no warrant.
Compliance with this requirement does not subject the arrested person to an unlawful search where as here, he has been lawfully arrested. It is settled that police may search the person whom they arrest. Preston v.
We express no opinion as to whether he can break into a car without a warrant if the car be locked.
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849 F.2d 439 Ninth Circuit June 14, 1988 No. 87-5252
On May 4, a warrant was issued for Richardson’s probation violation in Riverside County. On May 6, Mumma obtained an arrest warrant for Richardson.
On May 8, Mum-ma, accompanied by several other law enforcement officers, arrested Richardson at his home while he was seated in his car in front of his residence. No probation officers accompanied them.
He also suggests that the fourth amendment requires adequate supervision of the police search by probation officers. We have said that a parole search may not be used as a “subterfuge for a criminal investigation.”
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431 F.3d 633 Ninth Circuit December 9, 2005 No. 02-55627
He had been released from prison more than two years earlier, subject to the following condition: "You and your residence and any property under your control may be searched without a warrant by an agent of the Department of Corrections
Sanders, 31 Cal.4th 318 , 2 Cal.Rptr.3d 630 , 73 P.3d 496, 505 (2003) (holding that the "police cannot justify an otherwise unlawful search of a residence because, unbeknownst to the police, a resident of the dwelling was on parole
and subject to a search condition"). 23 For all of these reasons, we hold that police officers cannot retroactively justify a suspicionless search and arrest on the basis of an after-the-fact discovery of an arrest warrant or
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834 F.2d 782 Ninth Circuit December 15, 1987 No. 86-3157
The police conducted a warrant-less search of the vehicle at the arrest site and a subsequent, more thorough search after impounding the vehicle and obtaining a search warrant.
Without this information, the district court found there was not probable cause to issue the warrant and ruled the warrant was invalid and all evidence discovered in the search conducted pursuant to the warrant must be suppressed.
Belton, supra, the Supreme Court applied the search incident to arrest exception to a car after an occupant of the car had been arrested. In Belton , a police officer pulled over a speeding vehicle.
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429 F.3d 858 Ninth Circuit November 17, 2005 No. 04-35940
“A seizure conducted without a warrant is per se unreasonable under the Fourth Amendment — subject only to a few specifically established and well delineated exceptions.
The Supreme Court in At-water relied on the historical discretion allowed a police officer to make a warrant-less arrest when supported by probable cause to believe that the suspect committed a crime. See id.
“Terry certainly supports a more finely tuned approach to the Fourth Amendment when police act without the traditional justification that either a warrant (in the case of a search) or probable cause (in the case of arrest) provides
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179 F.3d 834 Ninth Circuit June 10, 1999 No. 98-50369
Police may arrest a person without a warrant if the arrest is supported by probable cause. See United States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir.1989).
In Ybanra, police had information that a bartender named Greg was dealing heroin out of a bar. 444 U.S. at 88 , 100 S.Ct. 338 . Police obtained a search warrant for the bartender and the bar. See id.
Police then searched Soy-land without his consent and found approximately 220 grams of methamphetamine on his person. See id.
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533 F.3d 1064 Ninth Circuit July 21, 2008 No. 06-50546
warrant.
Murphy order the police officers to search Caseres’s car without probable cause.
a search warrant and with or without cause.”
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662 F.2d 1285 Ninth Circuit November 2, 1981 No. 80-1776
In Opperman, the Supreme Court found that the routine inventory search of Opper-man’s car without a warrant was reasonable under the fourth amendment.
Thus, a search of a cigarette case on the person is lawful once the person is under arrest without reference to any possible danger to the police, United States v.
. 3 The broad reading of Edwards proposed by the government would allow the police to seize everything within the passenger compartment of a car, take it to the station house, and search it without probable cause, a warrant
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892 F.2d 1387 Ninth Circuit December 20, 1989 No. 87-5060
We are persuaded that probable cause existed for Hoyos’ arrest without a warrant.
The court was not faced with the question whether exigent circumstances would justify entry into a home without a warrant of arrest or search.
The Court noted that the State had failed to present evidence to show the existence of an “exceptional situation” justifying a search without a warrant. Id.
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910 F.2d 601 Ninth Circuit August 6, 1990 No. 89-50150
and facts regarding the police entry and the consent to search.
In Vaughn, when a car was searched pursuant to a warrant, there nevertheless was no probable cause to arrest or search a passenger because the police lacked information linking him with the drug smuggling conspiracy.
a car search at the border, to a consensual investigation inside an apartment where no warrant has been obtained and no exigent circumstances have been claimed or demonstrated 3 Salas conceded that the officers had reasonable
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404 F.3d 1196 Ninth Circuit April 21, 2005 No. 03-30365
The police then got a second warrant to seize the desktop tower. Caymen was present during the search.
without Caymen’s consent and without a warrant.
expectation of privacy that entitles him to suppress what is found in a search of the stolen car. 16 Whatever possessory interest a thief may have, that interest is subordinate to the rights of the owner, 17 and in *1201
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772 F.2d 482 Ninth Circuit September 26, 1985 No. 84-3063
Three days later, the Buick was searched at the police storage lot pursuant to a search warrant.
might remove the car before a warrant could be secured.
Towing the automobile to the police storage lot for safekeeping in no way contributed to the subsequent search. The search warrant was based on information wholly independent of the automobile seizure.
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698 F.2d 1038 Ninth Circuit February 10, 1983 No. 81-1153 to 81-1155
A subsequent search of the purse at the police station reyealed additional evidence. 21 *1049 It is settled Fourth Amendment doctrine that a police officer may, incident to a lawful arrest, conduct a contemporaneous warrantless search
without a warrant. 23 We believe our decision here is fully consistent with our prior decisions and with the policies underlying the Fourth Amendment’s warrant requirement. 24 Requiring police to procure a warrant for subsequent
Subsequently, at the police station, the police conducted a warrantless search of the purse.
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264 F.3d 919 Ninth Circuit September 6, 2001 No. 00-30044
There should be little doubt, based upon the information given in the search warrant, that the stop of Bishop’s vehicle in the State of Washington was illegal and without probable cause.
The courts may employ a number of methods to determine if an informant’s information is reliable. It may be demonstrated through independent police corroboration of the information provided by an informant. See United States v.
Youngs explained that he had placed several items in Bishop’s car without Bishop’s knowledge, and that at the county jail Bishop told him all the items in the car had been confiscated.
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572 F.2d 227 Ninth Circuit March 15, 1978 No. 77-1931
The Court reasoned that, because the driver’s pistol may have remained within the vehicle and because the driver was himself unable to secure the car, the police search was justified.
In effect, it allows a vehicle search to proceed once a valid seizure, with or without a warrant, has been accomplished.
such process may be made when.— (1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant. 49 U.S.C. § 781 .
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871 F.3d 901 Ninth Circuit September 19, 2017 No. 15-56146
After the search concluded, Sharp III was released from the patrol car at 11:39 p.m.
S.Ct. 2587 ; (2) the search warrant itself implies that someone in the home may have committed a crime, thereby making it constitutionally reasonable to detain the occupants, id. at 703-04 , 101 S.Ct. 2587 ; and (3) the police have
An occupant might be expected to flee when the police find contraband during the execution of a search warrant.
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901 F.2d 696 Ninth Circuit May 11, 1990 No. 87-1969
police.
City of Torrington, 595 F.Supp. 1521 (D.Conn. 1984), one of several district court decisions which have held that police failure to respond to complaints lodged by women in domestic violence cases may violate equal protection.
Excessive Force, Search and Seizure Balistreri’s complaint alleges no facts at all suggesting that defendants subjected her to any search, seizure, or use of force, lawful or otherwise.
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531 F.2d 431 Ninth Circuit February 13, 1976 No. 75--1092
The police stopped the car and, having probable cause, arrested the occupants. Instead of searching the car on the spot, the police took it to the police station and searched it there, without having obtained a warrant.
It then concluded that impoundment was no less an intrusion than a search would have been, that either would be reasonable, and that it was not necessary for the police to obtain a warrant before searching the impounded car.
Evans, 9 Cir., 1973, 481 F.2d 990 , the police, having probable cause, arrested the defendant at a house. He was not in the car, but it was at the house. The police searched the car without a warrant.
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