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  • Murray v. United States: The Bell Tolls for the Search Warrant …

    Murray v. United States: The Bell Tolls for the Search Warrant Requirement CRAIG M. BRADLEY* In Murray v. United States,1 the Court continued its solomonic approach to the fourth amendment, attempting to divide the baby between the

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    Includes sample search warrant checklist - PATC  52%

    A search warrant can be defined as a written warrant issued by a judge or magistrate who authorizes the police to conduct a search of a person or location for evidence of a criminal offense, and seize the evidence. Under the Fourth Amendment, most residential searches by the police require a search warrant, based upon probable cause. The Fourth ...

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    AO 442 (Rev. 11/11) Arrest Warrant UNITED STATES DISTRICT …  50%

    AO 442 (Rev. 11/11) Arrest Warrant (Page 2) This second page contains personal identifiers provided for law-enforcement use only and therefore should not be filed in court with the executed warrant unless under seal.

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    Criminal Procedure in the Rehnquist Court: Has the Rehnquisition …  46%

    INDIANA LA W JOURNAL may be effected on probable cause, it required an arrest warrant to arrest a suspect in his home'9 and a search warrant to arrest him in the home of another.20 In Dunaway v.New York,2' the Court made it clear that detention of a suspect for custodial questioning by the police must be justified by

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    State v. Coleman - Ohio Supreme Court  41%

    “Defendant’s motion to suppress search warrant based on search warrant, filed 9-21-2007, is denied. Hearing on Defendant’s motion to proceed as to arrest and search incident to arrest set for hearing.” {¶ 13} Although the journal entry of the court does not reflect this, the

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    The NSA's General Warrants: How the Founding Fathers Fought …  41%

    time, the search of at least five houses and the arrest of 49 people, nearly all of whom were innocent.21 The press in England and the American colonies made the case a cause celebre, and the British courts ultimately condemned the general warrant, declaring it “totally subversive of the liberty of the [warrant’s] subject.”22

  • The Emergency Exception to the Fourth Amendment

    ment is always applicable to an emergency search, it is possible, by narrowly defining the term search, to characterize an emergency intrusion as being totally outside the coverage of the fourth amend-ment. 0 The fourth amendment prohibits unreasonable searches and prescribes conditions for issuing a search warrant."1 If one contends

  • Search and Seizure .edu

    that the arrest of that defendant after a forcible entry into his home without an arrest warrant violated the fourth amendment. However, the arrest in a public place without a warrant does not offend the fourth amendment. See United States v. Watson, 423 U.S. 411, 96 S. Ct. 820 (1976). If a person's arrest occurs in a private place, but one in ...

  • Search and Seizure Under the Fourth Amendment as Interpreted …

    search of the car resulted in the finding of liquor and led to the arrest of the driver the right of seizure be limited to the common law right of arrest without a warrant for a misdemeanor. (Under the Prohibition Act the first two offenses of transporting liquor were considered misdemeanors, while the third offense was a felony. This case was ...

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    a “_____”, or an “arrest”. 1. A “consensual encounter” is the least _____ of these contacts with the public. 2. A “consensual encounter” is a contact between an officer and an individual that is strictly _____. a. The key element is that the person remains totally free to leave or not cooperate. b. Police must not restrain the ...