Can Law Enforcement Still Use Geofence Warrants after Chatrie?
So long as the warrant satisfies the Fourth Amendment Probable Cause and Partic [...]
What is the “Reason to Believe” Doctrine that the Suspect Is Inside – When Executing an Arrest Warrant?
[W]e conclude that the law-enforcement officers had a reasonable belief (and ev [...]
Should Contraband Found During a Search Incident to Arrest Be Suppressed If the Warrant Was Invalid but had Incorrectly Remained in the Agency Database?
The good faith exception to the exclusionary rule applies in this case. A reaso [...]
Can an Officer Search Incident to Arrest Following Warrant Verification But Prior to Confirming the Suspect is Within the Pick-Up Radius?
This court is unaware of any authority that requires the police officer to dete [...]
Can a Suspect be Searched when there is a Possible, yet Unverified Warrant?
Since it is the fact of custodial arrest which gives rise to the authority to s [...]
Can Law Enforcement Enter the Backyard of a Home with an Arrest Warrant without Having a Reasonable Belief that a Suspect was Within the Curtilage?
The arrest warrant was not an adequate justification, because although the offi [...]
What is the Two-Part Test for a Homeowner to be Denied Compensation from Damage to a Home for Law Enforcement Dynamic Entry?
(1) The arrest is lawful and (2) The use of force in carrying out the arrest is [...]
If Law Enforcement has the Time to Obtain an Arrest Warrant Do the Officers Have to Obtain the Warrant Prior to a Custodial Arrest … Or Does the Prosecution Have to Prove that it was ‘Impracticable’?
Therefore, Mr. McCurty’s warrantless arrest, conducted in public and with proba [...]
Eight Days After Probable Cause is Established does a Law Enforcement Officer Need an Arrest Warrant Before A Warrantless Arrest is Effected?
No! [T]he short delay in this case did not affect the existence of probable cau [...]
Kennedy’s Marijuana Sprint led to Plastic Baggie Peek-a-Boo and the application of the Single Purpose Container Doctrine
[W]e conclude that law enforcement was authorized to search the bookbag under t [...]