Warrant

her not to let them in without a warrant. The police, who knowingly did not have legal permission to enter, left the residence. Some hours later they returned and told the woman to again grant them access into her home. This time she did not answer them and after some time one police officer…

A woman voluntarily interviewed with police detectives while other officers executed a search warrant at her home. Upon learning of this at the end of the interview, two detectives were unsure if they should let her go. The woman contends that these factors together rendered the interview a custodial interrogation without Miranda warnings thus making her statements inadmissible. A court would likely find, however, that the woman was never in custody because she was never under formal arrest or…

enough it is the homeowner or business owner himself who is guilty. Going about an investigative search the lawful way often requires obtaining consent or a search warrant, without doing this, evidence may be thrown out in court. Michigan v. Tyler as well as Michigan v. Clifford are two groundbreaking cases in history that help us to warrant today a lawful post fire investigation.…

attorneys and asked to review and investigate aspects of pending cases. In one such instance, Ceballos was asked to look into a case where the defense attorney had challenged a warrant due to what the attorney felt were inaccuracies in the affidavit used to acquire the warrant. Once Ceballos investigated, he agreed that the warrant was ill obtained. When he contacted the deputy sheriff who filed the affidavit, Ceballos felt the explanation given for the inaccuracies was not consistent with…

ruling regarding Mapp v. Ohio affect the day-to-day police work of our Officers. Peradventure, that the police are serving a legal warrant to pick up robbery suspect who also is a known drug dealer, because of the exclusionary rule from Mapp v. Ohio when the police arrive at the suspect address, they are not allow to search the home looking for drugs unless the warrant stipulates. Because of the Supreme Court’s ruling, Mapp v. Ohio complicates law enforcement with bureaucracy and suppresses…

Today, October 7, 2015 at 1 p.m. Officer Peter Malloy and myself, Officer James Reed arrive on the scene at 123 Jones street to serve an arrest warrant to a repeat offender by the name of, James Lou Ellen Brown. He had failed to appear in court after multiple, different charges of, driving with a suspended license, unsafe lane change, no driver’s license and a possession charge. Officer Peter Malloy was familiar with Mr. Brown and his location, after having arrested him before on possession for…

Birchfield v. North Dakota (DUII refusal without a warrant) In Scotus blog, the United States Supreme Court judges against a common foe were at their best. It was very easy putting doctrinal clodhopping aside in trying out the amateur court team. Birchfield v. North Dakota a Wednesday court case involving laws imposing on motorists criminal penalties for being suspected of drunken driving (Birchfield v. North Dakota, 2016). This occurred when a chemical test, especially for breath or blood, was…

The government's failure to notify me about the warrant has long surpassed the limitations of delayed notice by 30 days. I did not receive any notice until July 2016 when my lawyer gave me a copy of the warrant. Pursuant to 18 U.S.C: 2515 which plainly states that “ Whenever any wire or oral communication has been intercepted, no part of the contents of such communications…

guaranteeing such rights as the freedoms of speech, assembly, and worship. This amendment provides "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The ultimate goal of this amendment is to protect…

citizen’s right to privacy. The USA Patriot Act was the first of many laws that increased the powers of government organizations such as the NSA and the FBI. The law allowed these agencies to access private records of US citizens without the need of a warrant or judge’s consent. This private information includes phone records, banking statements, and medical reports. Though the Supreme Court has supported the Patriot Act, the law still seems to conflict with parts of the Constitution and…