invalid search warrant

8820 results for invalid search warrant

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  • 547 U.S. 586 (2006), 04-1360, Hudson v. Michigan

    ...search warrant for narcotics and weapons entered ... magistrate who issued a (consequently) invalid warrant and (2) evidence found after a search ...

  • __ U.S. __ (2015), 13-1175, City of Los Angeles v. Patel

    The city of Los Angeles requires hotel operators to record and keep specific information about their guests on the premises for a 90-day period, “available to any officer of the Los Angeles Police Department for inspection . . . at a time and in a manner that minimizes any interference with the operation of the business.” Violation is a criminal misdemeanor. In a facial challenge to the...

    ... § 41.49(3)(a) are Fourth Amendment searches and that such searches are unreasonable under the ... challenges to statutes authorizing warrantless searches, declaring them, on several occasions, acially invalid, see, e.g., Chandler v. Miller , 520 U.S. ...

  • 403 U.S. 443 (1971), 323, Coolidge v. New Hampshire

    ... for the murder, and, on that date, a warrant to search petitioner's automobile was applied for ... search of his 1951 Pontiac automobile was invalid because not issued by a "neutral and detached ...

  • 555 U.S. 135 (2009), 07-513, Herring v. United States

    ... arrested petitioner Herring based on a warrant listed in neighboring Dale County's database. A ... police mistakes leading to an unlawful search are the result of isolated negligence attenuated ..."in objectively reasonable reliance" on an invalid warrant. Id., at 922, 104 S.Ct. 3405. In ...

  • 412 U.S. 218 (1973), 71-732, Schneckloth v. Bustamonte

    ...search of a car that had been stopped by officers for ... that a search conducted without a warrant issued upon probable cause is "per se ... and violence was constitutionally invalid under the Due Process Clause of the Fourteenth ...

  • 863 F.3d 1313 (10th Cir. 2017), 16-1401, United States v. Workman

    The FBI used malware to identify and find viewers of child pornography to access illicit websites. The FBI maintained the website in the Eastern District of Virginia, but users were spread out all over the country. Finding those users could prove difficult because of geographic constraints on the FBI’s ability to obtain a warrant. Notwithstanding these constraints, the FBI obtained a warrant that

    ...To find the users, the FBI needed a warrant. But, a. paradox existed. The FBI ... invalid and suppressed evidence resulting from the ... reverse this ruling. Even when a search warrant is invalid,. the resulting evidence ...

  • 711 F.3d 460 (4th Cir. 2013), 11-6781, United States v. Fisher

    ... his sworn affidavit that underpinned the search warrant for the defendant's residence and ...'s misconduct rendered Defendant's plea invalid under the Due Process Clause. ...

  • 540 U.S. 551 (2004), 02-811, Groh v. Ramirez

    ..., prepared and signed an application for a warrant to search respondents' Montana ranch, which ... petitioner, holding that the warrant was invalid because it did not describe with particularity ...

  • 194 F.3d 987 (9th Cir. 1999), 98-50171, United States v. Gantt

    ... present Gantt with a complete copy of the warrant at the outset of the search of her apartment. ... the government's S 3731 certification is invalid because the appointment of the current United ...

  • 789 F.3d 434 (4th Cir. 2015), 13-1605, Yanez-Marquez v. Lynch

    Petitioner, a native and citizen of El Salvador, seeks review of the BIA's decision dismissing her appeal from an IJ's order of removal. At issue is the IJ's denial of petitioner's motion to suppress certain evidence and to terminate the removal proceeding. The court held that the exclusionary rule applies to egregious violations of the Fourth Amendment. The court joined the Second, Third, and...

    ...      In an affidavit in support of a search warrant for the Premises and numerous other ..., she claims that the search warrant was invalid because it identified the Premises as a ...

  • 815 F.3d 228 (5th Cir. 2016), 14-20339, United States v. Danhach

    Defendant was convicted by a jury of several criminal offenses relating to a scheme to steal and resell over-the-counter (OTC) medication, brand-name baby formula, and similar goods. The court concluded that the district court did not err in denying the motion to suppress evidence found in his warehouse where defendant offered no evidence to rebut testimony or show that he withdrew his oral...

    ... a motion to suppress evidence found in a search of his warehouse, the sufficiency of the evidence ... agents conducted an unlawful warrantless sweep of the building and then obtained an ... argues that the search warrant was invalid under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. ...

  • 462 U.S. 213 (1983), 81-430, Illinois v. Gates

    ... by travelers to the Bloomingdale area.  A search warrant for respondents' residence and automobile ... ground or reason for alleging the invalidity of the [lower court's] judgment, we should have ...

  • 665 F.3d 1076 (9th Cir. 2011), 09-55898, Bravo v. City of Santa Maria

    ... arising out of the nighttime SWAT team search of their home for weapons suspected of being used ... by the issuance and execution of a search warrant whose application failed to disclose that Javier ...           A. Invalid Search Warrant .           Just as the ...

  • 443 F.3d 480 (6th Cir. 2006), 05-3008, United States v. Hython

    ... the evidence used to convict him during a search of his home pursuant to a defective search t. The district court agreed that the warrant was deficient but denied Hython's suppression ... Hython's contention that the warrant was invalid because it authorized a search of all persons ...

  • 569 U.S. 1 (2013), 11-564, Florida v. Jardines

    ... obtained a warrant for a search, which revealed marijuana. ... unsupported by probable cause, rendering invalid the warrant. based upon information ...

  • 848 F.3d 1239 (10th Cir. 2017), 15-3213, United States v. Russian

    Defendant-appellant James Russian was charged with four drug- and gun-related offenses. Before trial, defendant filed a motion to suppress evidence obtained from the search of two cell phones seized at the time of his arrest, arguing the search warrant was invalid for lack of particularity. The district court denied the motion, concluding even if the warrant was invalid, the good faith exception...

    ... obtained from the search of two cell phones seized at the. time of is arrest, arguing the search warrant was invalid. for lack of particularity. The ...

  • 782 F.3d 1285 (11th Cir. 2015), 12-15183, United States v. Albury

    Michael Albury, Jr. appealed after a jury convicted him of various narcotics offenses, including possession with intent to distribute cocaine, cocaine base, and N-Benzylpiperazine (“BZP” -- a schedule I controlled substance), along with various firearm offenses. Albury raised three claims on appeal: (1) that law enforcement officers unlawfully gathered and used evidence seized in violation of...

    ... the Fourth Amendment when applying for a search warrant, rendering the warrant invalid; that the ...

  • 867 F.3d 1265 (D.C. Cir. 2017), 13-3061, United States v. Griffith

    The fact that most people now carry a cell phone was not enough to justify an intrusive search of a place lying at the center of the Fourth Amendment's protections—a home—for any phone defendant might own. Defendant appealed the district court's denial of his motion to suppress evidence after he was convicted of unlawful possession of a firearm by a convicted felon. Although the warrant...

    ... probable cause to search his home for cell phones because he. might ... invalid warrant to search his home. The district court ...

  • 115 F.3d 1098 (2nd Cir. 1997), 396, Simms v. Village of Albion, N.Y.

    ... 1988, which included claims for unlawful search and seizure, racial discrimination, false arrest ...§ 221.05. Sacco also prepared arrest warrants for Simms and Cooper. Albion Village Justice ... contended that the search warrant was invalid on September 12 because it already had been ...

  • 724 F.2d 633 (8th Cir. 1983), 82-1242, United States v. Fitzgerald

    ... in plain view during the course of a search pursuant to a federal search warrant, which ... her codefendants held the search warrants invalid on the ground that they failed to describe some ...

  • 428 U.S. 465 (1976), 74-1055, Stone v. Powell

    ... unconstitutional and the arrest therefore invalid. The appellate court affirmed, finding it ... pass upon the legality of the arrest and search because of the court's conclusion that the error, ... of evidence seized pursuant to a search warrant which respondent on a suppression motion claimed ...

  • 502 F.3d 1130 (9th Cir. 2007), 06-30414, United States v. Crews

    ... two cases arise from the execution of one search warrant at 6731 SE 82nd Avenue, Apartment 3 ... Portland Police Data System nor Crews's invalid drivers license listed the address of Manus's ...

  • 565 F.3d 332 (6th Cir. 2009), 08-1048, United States v. Berry

    ... the evidence was seized pursuant to an invalid search warrant. The district court denied the ...

  • 535 F.3d 408 (6th Cir. 2008), 04-4472, United States v. Fowler

    ... that: (1) the evidence obtained from the search of his home was acquired in violation of his ... a confidential informant, issued a search warrant for Fowler's person and his residence at 9805 ... . conducted pursuant to an invalid search warrant because the warrant was issued on ...

  • 350 U.S. 214 (1956), 30, Rea v. United States

    ... On the basis of evidence seized under an invalid federal search warrant, petitioner was indicted ...