A search warrant is a judicial document that authorizes police officers to search a person or place to obtain evidence for presentation in criminal prosecutions. Police officers obtain search warrants by submitting affidavits and other evidence to a judge or magistrate to establishProbable Causeto beli...
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CASE IS TRANSFERRED TO THE EASTERN DIVISION. CASE HAS BEEN ASSIGNED TO JUDGE OTIS D. WRIGHT, II FOR ALL FURTHER PROCEEDINGS. ANY MATTERS THAT MAY BE REFERRED TO A MAGISTRATE JUDGE ARE ASSIGNED TO SHERI PYM. NEW CASE NUMBER 5:24-CV-2061 ODW (SPX). (SH) (ENTERED: 09/26/2024) [+...
it makes little sense to require an officer to obtain a search warrant to seize contraband that is in plain view. Under the Fourth Amendment's reasonableness requirement, the appropriateness of every warrantless search is decided on a case-by-case basis, weighing the defendant's privacy interests...
In California, judges are responsible for issuing arrest warrants. There are a few different ways this can happen:In response to an application from law enforcement, supported by sworn affidavits; Following a grand jury indictment; or From the bench, when a defendant is found to be in contempt...
Wilhelm involved a telephone call stating that the individual had observed marijuana in the defendant's home. The magistrate issued a search warrant. The search resulted in the discovery of the contraband that was the subject of the indictment. The United States Court of Appeals for the Fourth ...
As to the automobile exception, the detectives had no probable cause to stop the defendant; there were no furtive movements by him; nothing that would permit the detectives to have probable cause that a crime had been committed. As to the consent to search exception, there is no evidence ...
Herein we refer to a particular case where the Public Prosecution issued a search warrant for the residence of the accused.
warrants when, for instance, they expect the defendant to receive a package containing contraband on a specific future date. Because anticipatory warrants, by their very nature, imply some delay in execution, courts will often analyze the staleness of anticipatory warrants on a case-by-case basis...
Magistrate Judge Lois Bloom (shown right) begins the Opinion by noting that the plaintiff’s motion for case ending sanctions “… presents a cautionary tale about how not to conduct discovery in federal court.” The issues started when defendant made its first electronic document production. The...