Tag: Search Warrants: Page 7

Technology

California Bill Would Require Warrant for Cell Phone Searches

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.

July 4, 2011

Technology

Florida Agency Using Skype To Obtain Warrants

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.

March 28, 2011

Patrol

Supreme Court Sides with Police Officers in Search Case

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.

January 21, 2009

Patrol

How to Tell When You Need a Search Warrant

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.

February 29, 2008

Patrol

Residential Entry After Outdoors Arrest

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.

January 31, 2008

Special Units

Reasonable Execution of Search Warrants

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)

July 31, 2007

Patrol

Knock Notice After Hudson

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.

July 31, 2006

Patrol

Entry to Quell a Disturbance

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.

June 30, 2006

Patrol

Anticipatory Search Warrants

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.

May 31, 2006

Patrol

Searching Third-Party Residences

Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.

July 31, 2005

Patrol

Holding Back Home Occupants

When you go into a suspect’s home to execute a search warrant, it’s not uncommon to find several people present, whether suspects, family members, or others. Sometimes, occupants may outnumber officers on the scene. This can create problems of safety and control, making it more difficult to carry out the search. Realizing this, the Supreme Court has provided guidelines on the ability of officers to detain, handcuff, and question occupants while a search takes place.

April 30, 2005