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Traditional search warrants aren't always the best choice, because they require immediate notification. With a covert entry warrant, officers can delay notification, collect evidence, and continue building their case.
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Warrantless entries are limited to those authorized by consent, probation or parole search conditions, or "exigent circumstances" involving some sort of emergency requiring immediate action. One category of exigency that may justify warrantless entry is the need to prevent the imminent destruction of evidence.
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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.
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The U.S. Supreme Court has ruled in favor of law enforcement officers who perform an illegal search in good faith, which wouldn't trigger the exclusionary rule for evidence that incriminated the subject.
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Some actions you take have been classified by Supreme Court decisions as requiring that you articulate a "reasonable suspicion" in order to make them constitutionally reasonable, while others can be undertaken only if there is "probable cause" ("PC"). But what do these terms mean? And how do you match the right level of justification with the kind of conduct you're seeking to justify?
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A U.S. Supreme Court decision handed down Monday gives law enforcement officers the right to forcibly enter a residence if they suspect evidence is being destroyed after they have announced their presence.
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Michigan State Police use devices to extract information from people’s cell phones only with owners’ consent or with a search warrant, an official told a House committee today.
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The Justice Department has asked the U.S. Supreme Court to consider whether the use of GPS tracking devices on suspect vehicles without a warrant is allowed under the Fourth Amendment.
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The American Civil Liberties Union of Michigan wants more information about how Michigan State Police troopers are using devices known as cellular data extractors to retrieve information from a citizen's mobile device during a traffic stop without their consent.
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When a suspect's vehicle is lawfully impounded (such as when the driver is arrested where the vehicle cannot be safely parked and locked, and there is no sober, licensed driver to take custody of it), it is usually permissible to conduct a standard inventory of the vehicle and its contents.
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