Based on this surveillance and information from a second informant, a detective wrote an affidavit and a judge issued a search warrant. The police conducted the search, but the search warrant was later found to be invalid because the police lacked the probable cause for a warrant to be issued in the first place.
U.S. Supreme Court. Marcus v. Search Warrant, 367 U.S. 717 (1961). Marcus v. Search Warrant of Property at 104 East Tenth. Street, Kansas City, Missouri. No. 225. Argued March 30, 1961. Decided June 19, 1961. 367 U.S. 717. APPEAL FROM THE SUPREME COURT OF MISSOURI. Syllabus. Proceeding under certain ...
United States, 357 U. S. 493, 357 U. S. 497-498 (1958); Agnello v. United States, 269 U. S. 20, 269 U. S. 32-33 (1925). Here, of course, the agents had a warrant -- one authorizing the arrest of Ricky Lyons. However, the Fourth Amendment claim here is not being raised by Ricky Lyons. Instead the challenge to the search is ...
A search warrant is a warrant issued by the competent authority authorizing a police officer to search a specified place for evidence even without the occupant's consent. A search warrant is generally required to validate a Fourth Amendment search, subject to a few exceptions. In Katz v. United States, the Supreme Court ...
United States Supreme Court. STEAGALD v. UNITED STATES, (1981). No. 79- 6777. Argued: January 14, 1981 Decided: April 21, 1981. Pursuant to an arrest warrant for one Lyons, Drug Enforcement Administration agents entered petitioner's home to search for Lyons without first obtaining a search warrant. In the course of ...
Note to Subdivision (b). This rule is a restatement of existing law, 18 U.S.C. [ former] 612; Conyer v. United States, 80 F.2d 292 (C.C.A. 6th). This provision does not supersede or repeal special statutory provisions permitting the issuance of search warrants in specific circumstances. See Subdivision (g) and Note thereto, infra.
Jan 17, 1984 ... The exclusionary rule requires that evidence illegally seized must be excluded from criminal trials. Leon was the target of police surveillance based on an anonymous informant's tip. The police applied to a judge for a search warrant of Leon's home based on the evidence from their surveillance. A judge ...
Feb 3, 2017 ... produce electronic data in accordance with these search warrants (the "Motions") .1 Google has partially ... the warrants, relying upon a recent decision of a panel of the United States Court of Appeals for the Second ..... principle of construction utilized by the United States Supreme Court in Morrison v. Nat'l.
Aug 18, 2017 ... The government failed to make the requisite showing in this case. 1. The Supreme Court has long distinguished between arrest warrants and search warrants. See Steagald v. United. States, 451 U.S. 204, 212-13 (1981). An arrest warrant rests on probable cause to believe that the suspect committed an.