Search and Seizure Bulletin 2005: Vol 42 Index

2005·0.97 MB·English

Search and Seizure Bulletin’
INDEX 2005 JANUARY — DECEMBER
Month Page Month Page
Administrative Inspection Police mistakenly identify suspect's father’s car
Officers conduct administrative inspection of in search warrant, Knott (6th Cir.) Oct. |
salvage yard expecting to discover stolen vehicles, Warrant issued for building with no reference to
Johnson (10th Cir.) which dwellings at the building to be searched,
Automobile Search Ritter (3rd Cir.)
Man arrested for lying about his identity, Conn (KS)..... Detention
Officers look through truck, hear rattle of Does detention of passenger amount to seizure
ammunition after owner asks them to find dog of driver?, Magers (10th Cir.) Aprill
leash, Rickey (10th Cir.) sshiaieaeianesbieacoens DNA Evidence
Shattered windshield leads to drug arrest, Kirk (CO) 3rd Circuit weighs constitutionality of requiring DNA
Suspect tells police counterfeiting equipment is in car and sample from probationer without suspicion of new
then balks when they search the car, Duegaw (10th Cir.) ... crimes, Szubelek (3rd Cir.)
Community Caretaking Emergency
Officer searches glove compartment without warrant Officer responds to kidnapping call by breaking into
or probable cause, Johnson (4th Cir.) shed with covered windows, Brown (9th Cir.)
Confidential Informant Report of stench and dead body prompts warrantless
Confidential informant provides details to bust man search, Stafford (9th Cir.)
with cocaine, Saddler (UT) Woman’s screams, commotion, and prior acts of
Warrant relies on informant without any corroboration, violence convince officers to enter home without
CN I ID ieteinscnsssitconticarneatbcacclesennactain seiaiosinil warrant, Drennan (KS)
Exigency
Consent
Exigent circumstances not present despite disappearance
Age and prior dealings with law enforcement
of gun from crime scene, Keys (6th Cir.) Oct. 4
indicate consent was voluntary, Basnueva (DC) .. July 7
Were officers justified in entering home without a
Can mentally ill woman lawfully consent to search
warrant while witnessing potential assault?, Stuart (UT) April8
of home?, Grap (7th Cir.).. May 3
Expectation of Privacy
Consent to search allows police to seize drugs
Caretaker forges checks and drains elderly couple's
se 5 1 errno ccactiahaiain April6
bank accounts, McAllister (NJ) Aug
Defendant challenges officer’s authority to request
Defendant challenges search of box containing his
consent to search vehicle, Carbo (NH) Mar 6 drugs but addressed to coconspirator, Parks (Sth Cir.) Feb. 4
Defendant never verbally consents to officers’ entry,
Do man and woman have expectancy of privacy
but does not protest either, Lopez-Rodriguez (8th Cir.) April6
in single-occupancy restroom?, Hill (8th Cir.) Mar. 3
Distraught woman leads officers to crack house,
Guest objects to search of a bag located on shelf in
Rogers (MA) . July 8 open laundry room, Fay (9th Cir.) July |
Man blasting music pulled « over - and arrested
Passenger challenges admissibility of gun discovered
for drugs, Tate (TN) 7 Feb 7 during unlawful vehicle search, Pulliam (9th Cir.) June |
Man seeking driving directions is approached by ‘armed Prior to apartment search, defendant wrote
guards outside CIA headquarters, Smith (4th Cir.) Mar 5 letter referring to himself as ‘former tenant’,
MuRsat ndoalllp h coh(aGbAi)t.an ts consent to residence search?, Jan 5 SuSstpeecvte nsoans sert(s4 th priCvira.c)y interest in motel room rented April4
Non-English speaker consents to . search, Castellon (DC) Mar 6 for him, Baskin (Ist Cir.) Nov. 5
Officer requests consent to search after False Statements
driver inexplicably stops in middle of road, Convict disagrees with facts stated in warrant,
Faulkner (6th Cir.) seucdigainbemienieiitntnenee eee July 6 Williams (11th Cir.)
Police enter defendant’s house after informant indicates Garbage Search
presence of contraband inside, Min Yoon (6th Cir.) AprilS Marijuana found in garbage can by officers was
Suspect claims officers entered residence insufficient to justify a search warrant, Davila (TX) Sept.7
‘without invitation’, Villegas (7th Cir.) Jan 4 Good Faith
Woman who doesn’t live at house consents to Prisoner blames lawyer for not challenging validity
warrantless search, Janis (8th Cir.) Jan 3 of search warrant, Williams (8th Cir.) June 8
Defective Affidavit Hot Pursuit
Methamphetamine maker contends warrant is Man flees scene of accident, prompting officer's
stale and based on unlawful investigative fruits, warrantless entry, Dommel (PA)
Thompson (7th Cir.) Impoundment
Defective Warrant Police seize van of robbery suspect, Sims (8th Cir.)
Search warrant overstates amount of santo cane In Brief
found, Rodriguez (8th Cir.) 7 Abandonment, Daggs (CA)
Evidence found during search based on “faulty Arrest Warrant, Maldonado (HI)
warrant, Gibbs (Sth Cir.)............. Breath Test, Sanders (GA)
Publisher: Dennis Hofmaier Managing Editor: Julie DiMauro, Esq. Editori n Chief: Sean FWJ Fowler, J.D.
Senior Editors: Annie Archambault, Carol Johnson Perkins, Esq., Lesley Rosenbloom, Esq..,
Laura Starczewski, Esq., Ryan Wood Editors: Kerry McManama, Melanie Olson, Esq., Elizabeth Purcell, J.D.
Published by
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Agent for Quinlan Publishing Co. email: [email protected] http://www.quinlan.com Copyright © 2005
Page 2 — Index 2005 www.quinlan.com S.S.B.
Month Page Month Page
Consent to Search, Moore (AK) 8 Search Incident to Arrest
Consent, Morris (TX) 8 Man arrested because of officer’s belief that woman’s
Dog Sniff, Feyenord (MA) 8 drink was drugged, Pollock (OR) .............ccccscssesseseeseeeeeeseees Feb. 6
Expectation of Privacy, Eccleston (NY) ... 1.8 Officer searches man’s bed after observing, smelling
IE III, UII TID sacriecsascccnenscnctsesessocroneonsnsossaecscosenesn Sept.8 I, Te FR ND a erssicccnasstnivnsensinnnncinennivlntneneeniiethien Jan.
Police Questioning, Cutter (GA) ............c....cscsccsssccsscssessseee Sept.8 Officers search car incident to arrest, even
Probation Revocation Hearings, Kinard (DBE).................... Dec. 8 though defendant was arrested outside of car,
Search Incident to Arrest by Warrant, Rege (CA) ............. Sept.8 SND MEI IIICD DN iccaciccncansinciectlinaciiaibiatieninnincniaivurnnsabaeesnren . Feb. ;
Independent Source One year after learning of outstanding arrest
Officers unlawfully enter house before applying for warrant, officer arrests man and finds firearm
search warrant, Carter (TN) in clothes, Hewlett (DC). . Geode
While detective is applying for warrant, other Suspect attempts to suppress fingerprint “evidence,
officers unlawfully search residence and discover Garcia-Beltran (9th Cir.)
evidence, Williams (7th Cir.) Warrantless search was justified because it was incident
Inevitable Discovery OO RmwvEel erred, TRRAMMIOE CEES) nnnnccccccoccescccsssessrssconscennsocseseses Jan.
Mother guilts son into consenting to search of Search Warrant
SO, “GI CEU CORE) nen cccscccneesesesscecissassicnccssccanees Sept. Man submits to alcohol testing after officers
Officer searches safe in vehicle after learning of threaten to obtain search warrant for the blood
suspended license, Bain (Sth Cir.) and urine samples, Collier (GA). .
Informant Search warrant issued for suspect’s ~ apartment “after he
Officer obtains warrant after three informants accuse sells crack to undercover officers, Dowdy (3rd Cir.) ....
defendant of dealing drugs, Roland (iith Cir.) Seizure
Officer who obtains search warrant believed suspect Can officer handcuff suspect without probable cause?
was another man, Rivera (8th Cir.) .............:.ccssssssesseeseeees July Rankin (7th Cir.)
Officers bar individual from residence until search Does seizure occur when hotel employees remove
warrant secured, Hester (AR) trash from guests’ rooms?, Bruce (6th Cir.)
Jurisdiction Extraction of blood and enforcement of field sobriety tests
Evidence suppressed because officer lacked authority did not constitute involuntary seizure, Zakovi (MT)
to conduct stop outside of railway, Quaid (PA)............ i Nonconsensual blood and urine tests admissible in
Officers cross threshold: Admissibility of evidence in DUI case, Jones (IL)
question, Fisher (9th Cir.) Suspect throws away revolver as he flees police,
Knock and Announce PUP HNN I cncc esccecachinpsonesenesekstnenrseneoincnaticdaidbenameibeablinsdtal Feb. 8
Officers enter after woman moves back when they Strip Search
announce their presence, Floor (UT) ............... Defendant protests invasiveness of precinct strip
Officers execute warrant without knocking and search, Cofield (1st Cir.)
announcing their presence, Price (4th Cir.) ..........0..00 Dec.
Supervised Release
Officers violate rights by refusing to knock and
Officer searches home after man fails to contact
announce before executing a warrant, Anyan (MT)....... Mar.
probation officer, Henderson (11th Cir.)
While executing search warrant, officers fail to knock
Third-Party Residence
on door before raiding house, Combs (9th Cir.)
Police walk into man’s barn to arrest his friend,
Knock and Talk
Ua Ee} Rees
Officers approach house to ask about stolen gun,
a NIE TID scans Soncanrcastebsahin deeds tasenksevessineitiaisneni Nov. Traffic Stop
Plain View Unauthorized use of a rental car leads to arrest,
Man veers off the road while transporting a secret Lindsay (WY)
lab, Vasser (WY) Unlawful Entry
Suspect stuffs baggie into pants as officer walks over Housekeepers smell chemical and uncover
I CUINIED TUID IID seiesccrwsccccesesneeiccnenstcininonendiintes Sept. 3 methamphetamine lab, Spring (WA) .............ccccccsecesseseneeee §
Private Search Warrant
Man arrested after bringing computer with child porn With warrant in hand, cops go after suspected crystal
OO RO Tr CORRE, TIS CO) osericencsncscseressecscsessecsecsces Aug. methamphetamine dealer, Roddy (9th Cir.)........00..00-.
Probable Cause Warrantless Entry
Deputies attempt to obtain search warrant based on Hot pursuit and destruction of evidence justified
smell of suspect’s girlfriend, Smith (FL) warrantless search, O’Hara (IA) ...............ccssssssssesserssesseess Sept.
Extracting and testing man’s blood was lawful despite Warrantless Search
recognized privacy interest, Watson (IL) Man arrested subsequent to search, Sykes (WI)..................Jume °
Probation Search Officer returns to probationer’s bedroom to find shoes,
Officer searches home for gun after suspect charged SN; SR II cishcheseasciepla ctiecseirinsapaoahm itnnatietaliipeldictenlaion s June
in shooting deer, Hagenow (7th Cir.) ........ccceeeeceeteeeeeees Nov. ! Officer’s search of man in possession of hatchet was
Protective Sweep lawful, Dustin (RI)
Lack of articulable facts that area to be swept harbors Unusual number of gun purchases leads to warrantless
a dangerous criminal, Waldner (8th Cir.) search of bedroom, Jimenez (Ist Cir.)
Members of Arian Brotherhood had plans to Warrants
kill any officers who searched the residence, Before executing search warrant, officers stop occupant of
Waldrop (Sth Cir.) residence while he is driving away, Jones (11th Cir.)
Officer sweeps house after responding to reports Can a warrant be issued to search more than one unit
Or I RU AID se caisesinsecinscninintnsnsincnntmmnicteciatoniniion June ‘ in a muiti-unit building?, Dew (MA)
Officers enter home without warrant to retrieve Informant goes through unwitting intermediary to
ee I, I CO ID serene iesesesctnscnssnsnemcsreonecvevvene Dec. complete controlled transaction, Artez (10th Cir.) .......
Officers gain consent to enter kitchen, then search Wiretaps
bedroom and living room, Gandia (2nd Cir.) Long-time drug conspiracy demised after court issues
Search wiretap, Price (7th Cir.). . cine
Police check names from hotel registration book Officers listen in on phone conversation without
without individualized suspicion, Jorden (WA) defendant’s knowledge, Montcivais (6th Cir.)
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