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California lawmakers have approved a bill that would require officers to obtain a warrant before searching the contents of a subject's cell phone or wireless device. The bill would become law if approved by Gov. Brown by Oct. 9.
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Members of the Peace Officers Research Association of California have come out in opposition to the bill, saying cell phones contain vital information about crimes in progress that could be deleted by the suspect.
Read More →Cpl. Darin Morgan came up with an idea to save time when obtaining blood search warrants from judges in cases involving impaired drivers. Using Skype can shave hours off police time spent traveling and waiting to meet judges in person.
Read More →The Supreme Court ruled Wednesday that police officers in Utah who searched a suspect's home without a warrant cannot be sued for violating his constitutional rights.
Read More →The general rule-of-thumb is to try to get a warrant whenever possible. On the other hand, if you can seize evidence without engaging in a search, you don't need either a warrant or any exception.
Read More →There are four ways to make a lawful entry into a private home. Notice that "entry incident to outdoors arrest" is not on the list of lawful ways to get inside a residence. In three separate cases, the U.S. Supreme Court has held such entries to be unconstitutional.
Read More →A search conducted under a valid search warrant can still violate the Fourth Amendment if it is conducted in an unreasonable manner. "It is incumbent upon the officer executing a search warrant to ensure the search is lawfully authorized and lawfully conducted." (Groh v. Ramirez)
Read More →Never mind the headlines and the editorials proclaiming that the Supreme Court did away with the knock-and-announce requirement for execution of search warrants in the recent case of Hudson v. Michigan. The court did no such thing.
Read More →Any law enforcement entry into private premises, including a residence, or an office or other commercial area that is not open to the public, is governed by the Fourth Amendment. Officers may make lawful entry only in four ways, and the consequences of unlawful entry can include suppression of evidence and civil liability.
Read More →Can you get a search warrant in advance that will authorize you to enter and search for the suspected items once the designated time arrives or the triggering event occurs? According to a 2006 U.S. Supreme Court decision, the answer is, yes.
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