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Search Warrants: What is a ?Search??

By Baker Associates

Yesterday?s article focused specifically on searches of open fields, the significance of those areas being that they are sometimes used for the purpose of conducting illegal activities such as growing marijuana. The question regarding those areas for constitutional purposes is basically whether or not law enforcement officials can search for and seize evidence from those areas without first having to obtain a search warrant. The ?open fields? doctrine established by the United States Supreme Court in Hester made it clear that they did not. The Hester analysis, while it was and still is accurate, has since been superseded with regard to how to analyze a search by a test set forth by the United States Supreme Court in the case of Katz v. U.S...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on March 04, 2010 (boomark / email).