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Criminal Law

: Fourth Amendment

CA2: When there is PC for a car, search can be complete

By John Wesley Hall, Jr.

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Officer had probable cause to search defendants’ vehicle, ant the fact that it took place a couple of hours later at the police station did not make it unreasonable. Also, when there is PC for a search, it can be complete, and scope of search is not an issue. United States v. Hightower, 2010 U.S. App. LEXIS 9282 (2d Cir. May 6, 2010) (unpublished).* [indexed as Pender; first party listed is Hightower] The affidavit for the search warrant was “replete” with detail, so PC exists, and it was not “bare bones” such that the exception to the good faith exception would bar use of the evidence. United States v. Thompkins, 2010 U.S. App. LEXIS 9312 (4th Cir. May 6, 2010) (unpublished).* Defendant, arguing his appeal pro se, waived his search and seizure claim by not having raised in the district court...continue to full post

Full post as published by Fourth Amendment on May 08, 2010 (boomark / email).

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