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209 F. Supp. 762 D. Delaware October 22, 1962 No. Crim. A. 1324
The police officer, then feeling perfectly secure, 2 proceeded to search defendant’s car. This search was, of course, conducted without a warrant.
Under certain conditions, a police search may take place without a warrant and still meet the standards of reasonableness imposed by the Fourth Amend *764 ment. 4 One such circumstance is a search incident to a lawful arrest
Indeed, the Supreme Court, speaking through Justice Frankfurter, said: “We take as a starting point the cases in this Court dealing with the extent of the search which may properly be made without a warrant following a lawful arrest
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360 F. Supp. 620 D. Hawaii June 29, 1973 No. Crim. 13126
Any assumption that evidence sufficient to support a magistrate’s disinterested determination to issue a search warrant will justify the officers in making a search without a warrant would reduce the Amendment to a nullity and leave
Yet they did not secure a warrant and “[b]elief, however well founded, that an article sought is concealed in a dwelling house furnishes no justification for a search of that place without a warrant.
Eisentrager] outside the apartment to turn it over to the police, and then demanded a search warrant before letting the police into the apartment.”
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327 F. Supp. 134 N.D. Texas May 5, 1970 No. 2-728
States may enact statutes setting forth specific circumstances in which arrests may be made without a warrant, but an arrest under such statutes is valid only if the arrest is not violative of the Constitution. Klingler v.
No warrant was obtained for this search. 4.
Searches without a search warrant are not unreasonable if they are incident to a lawful arrest, United States v.
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350 F. Supp. 180 E.D. Michigan October 26, 1972 No. Crim. A. 47586
The officer who impounded the car did not know that defendant had already been arrested. It was proper to impound the car under these circumstances. The police then conducted an inventory search of the vehicle.
Having found that it was proper for the police to have impounded the vehicle, the only questions remaining are whether it was proper to conduct the aforementioned search without a warrant and whether evidence so obtained should be
An inventory search, properly conducted without intent of avoiding warrant requirements, is not an infringement on Fourth Amendment rights, nor should evidence obtained during the course of that search be suppressed.
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371 F. Supp. 2d 202 E.D. New York March 16, 2005 No. CV025560CPS
These deviations from the typical police search are thus clearly within the protection of the Fourth Amendment.”). Where a warrant is required, the landowner cannot be prosecuted for refusing to permit the search. Camara v.
Fourth Claim: Excessive Force Esmont testified that she was in the back of the hot, unventilated police car for ten minutes, which caused her to sweat profusely.
Without limiting the authority of the Department, the Department of Buildings may exercise the same power with respect to resident premises. 7 .
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862 F. Supp. 2d 560 E.D. Kentucky May 22, 2012 No. Criminal No. 11-65-ART
But they installed a GPS device on Lee’s car without a warrant “in the hope that something might turn up.” Williams, 615 F.3d at 670 . (quoting Brown, 422 U.S. at 605 , 95 S.Ct. 2254 ).
CONCLUSION Judge Ingram correctly determined that the DEA agents performed an illegal search when they installed a GPS tracking device on Lee’s car without a warrant.
The stop by the Kentucky State Police, the search of Lee’s car, and his subsequent confession were all tainted by that search.
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618 F. Supp. 1186 S.D. New York September 25, 1985 No. 83 Civ. 7106 (RJW)
not objecting before or during trial to the admission into evidence of statements he made to police without his having been advised of his Miranda rights.
Moreover, the Magistrate opined, petitioner’s search-and-seizure 3 claim lacked merit because the search warrant at issue had been adequate on its face in describing the apartment to be searched. Report at 15-16.
If it is the latter case, of course, no Wainwright bar exists and the Court may reach the merits without hesitation.
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180 F. Supp. 71 S.D. New York January 12, 1960
Police activity without a warrant may be more reasonable in the case of an automobile, which if not stopped is not likely to be seen again, than in the case of a fixed abode.
’s warrant for search may be dispensed with.
They are apparently under the impression that the same standard must be applied when persons are merely stopped and questioned, as they were here, as when an arrest without a warrant is used to justify a seizure without a search warrant
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26 F. Supp. 2d 929 W.D. Texas September 21, 1998 No. 1:98-cv-00033
On this day the Court considered the Motion to Suppress Evidence, filed by Defendant on May 18, 1998. An evidentiary hearing was conducted in connection with this matter on May 22,1998.
However, this is so only where the subsequent police search is limited in scope to the private party’s search. See United States v.
a search warrant had already issued.
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455 F. Supp. 2d 302 E.D. Pennsylvania October 10, 2006 No. CIV.A. 99-6320
There was no other testimony presented as to which specific officers conducted a search of the vehicle. It is undisputed that the officers did not have a warrant to search the car.
Under Pennsylvania law, authority to arrest without warrant pursuant to a traffic violation is as follows: (a) A member of the Pennsylvania State Police who is in uniform may arrest without a warrant any person who violates any provision
of this title in the presence of the police officer making the arrest; (b) Any police officer who is in uniform may arrest without a warrant any nonresident who violates any provision of this title in the presence of the police officer
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291 F. Supp. 712 E.D. California October 16, 1968 No. Cr. S-437
He now wishes this court to suppress the Border Crossing Card as the product of an illegal search and seizure. 1 *714 Defendant contends there was no probable cause for an arrest and that since there was no warrant, the search
If there is sufficient coercion, a person may become the unwilling instrument of an illegal search and seizure of his own property in the presence of a law enforcement officer. Paquet v.
The fact that there was one officer on each side of the car does not make this a “custodial interrogation” in the Miranda sense. It was only good police practice when approaching a car with four unknown suspects at night.
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584 F. Supp. 442 W.D. Pennsylvania April 19, 1984 No. Crim. 83-165
The government admits that the police had no search warrant or probable cause to search Abbott’s vehicle. Nevertheless, the government advances two justifications for its warrantless search.
The warrant requirement has traditionally represented an assurance that a search and an arrest not proceed without probable cause.
In the criminal investigatory context, a warrant may issue only upon probable cause. So it is the warrant requirement that protects the individual’s legitimate expectation of privacy against the overzealous police officer.
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440 F. Supp. 2d 868 W.D. Tennessee July 7, 2006 No. 05-2419 DP
Sease placed Brown in the back of the squad car and proceeded to search Plaintiff Niles, removing from his pockets and confiscating $800 in cash. Id. at 15.
Sease then placed Niles in the back of the squad car and proceeded to search Plaintiffs’ van, confiscating Brown’s lock-box containing $31,400. Id. at 15,18.
Plaintiffs allege that Sease stopped their car without probable cause, searched the car and their persons without warrant or probable cause, illegally detained them in the back of a squad car, and robbed them of a considerable amount
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259 F. Supp. 256 E.D. Pennsylvania September 16, 1966 No. Crim. A. 22383
The police took the two defendants and the carton to the police station whereupon the Chief proceeded to inspect the carton without having obtained a search warrant.
The Supreme Court assumed without deciding that the arrest was legal but held the search unlawful because it was made without a warrant.
*272 Likewise, in the case at bar, the two defendants had been in custody at the station house for about 20 minutes when the police took the attache ease from Margeson’s car and opened it without having obtained a warrant.
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270 F. 818 S.D. Ohio February 11, 1921
On application for the return of property seized without warrant. Slusser has been bound over to await the action of the grand jury on the charge of illegal transportation of liquor.
The entry without permission, express or implied, into a private garage, without warrant, on a mission of search and seizure, by prohibition agents of the United States, is unlawful.
Furthermore, a seizure without warrant in a private garage, pursuant to an unauthorized search upon the charge of a mere statutory misdemeanor, is an unlawful seizure and cannot be the basis of a valid forfeiture under the twenty-sixth
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398 F. Supp. 777 W.D. Michigan June 27, 1975 No. G74-46-C.A.
Stipulated Issue No. 3 is as follows: “For purposes of a college disciplinary proceeding, may state college officials pursuant to a published college regulation search a student’s rented dormitory room without a search warrant if the
The search in question was conducted by campus police officers who were also Ottawa County deputy sheriffs and by school officials without a warrant. The plaintiff contends that a warrant was required.
Securing a search warrant in advance is not without important collateral benefits.
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705 F. Supp. 2d 261 S.D. New York March 30, 2010 No. 07 Civ. 8789(LAP)
. §§ 1983 and 1988 alleging that Defendants the City of New York, New York Police Officer Said Salim (“Salim”), New York Police Officer Andró Stambuk (“Stambuk”), New York Police Officer Marc Elausner (“Elausner”), and other unidentified
At this point, an unmarked car drove up alongside Brandon and the other three individuals. The officers exited the car and one of them said “hey, how you guys doing?” (Id. at 55:22.)
New York City Police Dep’t, 97 Fed.
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315 F. Supp. 152 D. Nebraska July 20, 1970 No. Cr. 01482
and on the other hand carrying out an immediate search without a warrant.
An officer should not be more restricted in a search which he has instituted pursuant to a search warrant than in one lawfully undertaken without a search warrant.
Following a car into the defendant’s open garage and searching the car without a warrant does not constitute a search of the garage. Scher v. United States, 305 U.S. 251 , 59 S.Ct. 174 , 83 L.Ed. 151 (1938). 3 .
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382 F. Supp. 2d 350 N.D. New York August 11, 2005 No. 1:05-cr-00014
LeFave, SeaRch and SeizuRe § 11.2(a) (4th ed.2004). As to the Fourth Amendment, and with one exception, Miller has satisfied his burden of production by alleging that the police seized evidence without a search warrant.
According to Thornton , the arrestee may be handcuffed and incapacitated and the police may be without probable cause to believe the passenger compartment contains a weapon or contraband, but the search may be conducted nonetheless
Unques *381 tionably, he had an expectation of privacy-in the car and the police could not search it absent either a warrant or a reasonable basis to search without a warrant.
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340 F. Supp. 1023 D. Connecticut March 27, 1972 No. Crim. 13049
Defendant contends that even if the initial seizure was valid, once the money was placed in an evidence envelope for safe-keeping, it could not be examined without a search warrant.
The fact that the search occurred a short time after the arrest when the defendant was in custody does not impair the search without warrant of a car which police had probable cause to search at the time of the arrest and which they
Smith if he could have her permission to search her car which was parked across the street from the house. He told her that the search warrant for the home did not cover the car and that he would need her consent for the search.
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