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Criminal Law

: Fourth Amendment

Search warrant for property did not need to specifically name the target

By John Wesley Hall, Jr.

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Search warrant for property did not need to specifically name the target. "The Fourth Amendment does not require that a search warrant name the owners or residents of the property to be searched." Martin v. Indiana State Police, 2008 U.S. Dist. LEXIS 6608 (S.D. Ind. January 29, 2008).* Claim raised on direct appeal may not be relitigated in a § 2255, and it would appear that SCOTUS would not permit a search claim to be raised in a § 2255 anyway. Evans v. United States, 2008 U.S. Dist. LEXIS 6704 (D. R.I. January 29, 2008).* Owner of camper who allowed the defendant, a probationer, to stay in the camper for a night after defendant had an argument with his wife, had apparent authority to consent to a search of the camper after the defendant's arrest...continue to full post

Full post as published by Fourth Amendment on February 01, 2008 (boomark / email).

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