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7 F.3d 1309 Seventh Circuit October 21, 1993 No. 92-2149
support the search warrant.
Markling finally argues that the district court should have suppressed the evidence Gehl found when he searched Mark-ling’s car without a warrant.
Under the automobile exception, a police officer may search a car without a warrant if he has probable cause to believe the car contains contraband or evidence of a crime. See, e.g., Carroll v.
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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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93 F.3d 346 Seventh Circuit October 31, 1996 No. 95-1768
Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), (3) that the arrest was without probable cause, and (4) that the impoundment and subsequent inventory search of the automobile were illegal.
The sole theory advanced by the government is that the search of Duguay’s car was pursuant to a valid decision to impound the car, and that the search was for inventory purposes.
Almost six years after Wells , the Alton police department has not drafted a written policy indicating the limited circumstances under which a car may be impounded or searched.
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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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866 F.2d 359 Tenth Circuit January 25, 1989 No. 87-2858
When Stone refused to consent to a search of the car, Officer Clayton told Stone to follow him to the police station in nearby Moriarity, New Mexico, where Clayton would get a warrant to search the car. II R. at 29, 33.
The police had no warrant to search Stone’s car. Their search, therefore, was unreasonable unless justified by an exception to the search warrant requirement.
search requiring a search warrant or probable cause.
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898 F.2d 1218 Seventh Circuit March 15, 1990 Nos. 87-2529, 87-2547, 87-2568, 87-2587, 87-2606 and 87-2798
to search the suitcase without a warrant.
At least one Illinois court has held that police may seize vehicles pursuant to para. 36-1 without a warrant. See People v.
The cases generally hold that where police have probable cause to believe a ear is subject to forfeiture, or have validly seized a car for forfeiture, the police may search the car without a warrant. See, e.g., United States v.
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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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782 F.2d 146 Tenth Circuit January 22, 1986 No. 84-1085
Epperly checked the license plate on Owens’ car with the police, but was informed that the car was not stolen. At 7:00 a.m. Epperly left the Inn to report to work on his regular full-time job as an Oklahoma City police officer.
Similarly, in Leon , the police obtained a search warrant that ultimately was found to be unsupported by probable cause.
Officers Epperly and Matthews watched Owens’ room for five and one-half hours without making any attempt to obtain a search warrant.
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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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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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835 F.3d 736 Seventh Circuit August 30, 2016 No. 15-2833
Similarly, in Pace , after we determined that an Illinois forfeiture statute permitted warrantless seizures of vehicles, we joined several other circuits in holding that under the Fourth Amendment, police “may seize a car without a
warrant pursuant to a forfeiture statute if they have probable cause to believe that the car is subject to forfeiture.”
The ordinance at issue there, unlike the ordinance at issue in our case, allowed the search to occur without probable cause.
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404 F.2d 296 Second Circuit December 2, 1968 Nos. 49, 50, Dockets 31361, 32141
The police concentrated their search in that area.
Without obtaining either an arrest warrant or a search warrant two police officers went to Room 207 to arrest the occupant. When no one answered their knock on the door the police had a hotel clerk admit them.
It is unnecessary to consider appellant’s claim that the police search of his hotel room was illegal since there was probable cause to arrest him without regard to the results of the search and *300 since the results of the search
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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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484 F.3d 505 Eighth Circuit May 4, 2007 No. 06-1910
The second issue is whether Ajax’s alert gave police probable cause to search the car.
The standard is no more demanding where police search an automobile based on probable cause without a warrant. It is undisputed that Ajax was trained and certified in drug detection, (R.
We need not consider Olivera-Mendez’s challenges to the validity of the search warrant issued with respect to the car, because a warrant was not required. Ross, 456 U.S. at 809 , 102 S.Ct. 2157 ; United States v.
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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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302 F.2d 463 Fourth Circuit April 20, 1962 No. 8435
There had been several recent thefts of firearms in the area and the police went to car window and seeing a rifle partly uncovered on the back seat of the car, they left to secure a search warrant.
Specifically, he contended that the search was unlawful because it was conducted without his consent, without a warrant, and not incident to a lawful arrest.
without a warrant.
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996 F.2d 1578 Fourth Circuit June 11, 1993 No. 92-5426
The Search Warrant Affidavit The search warrant was issued by a state magistrate on January 30, 1990, based on the affidavit of Baltimore City police officer, Gary McLhinney.
Execution of the Search Warrant On January 30, 1990, Baltimore City police officers executed the search warrant at 1572 Waverly Way.
Instead, the officers broke down the door with a battering ram, at the same time, shouting, “police, search warrant.”
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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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864 F.2d 1512 Tenth Circuit December 30, 1988 Nos. 87-2325, 87-2231
United States, 451 U.S. 204, 215 , 101 S.Ct. 1642, 1649 , 68 L.Ed.2d 88 (1981) (arrest warrant cannot justify entry into third party’s home due to possibility that warrant may be used as pretext to search); Colorado v.
Police officers may always issue appropriate citations to drivers who violate traffic regulations.
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. Cf.
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81 F.3d 472 Fourth Circuit April 17, 1996 No. 95-1705
I Anderson obtained a warrant to search Helen Meale/s residence for “Drugs, U.S. Currency or Drug Paraphernalia.”
Anderson testified that he yelled: “Police, search warrant” as he jumped onto the porch, and another officer testified that the entire raid team yelled: “Police, search warrant.”
As Anderson stated: “[W]e always knocked, and we always announced, ‘Police, search warrant.’ That’s standard procedure.”
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