Category Archives: SEARCH & SEIZURE

SEARCH WARRANTS: Answers to 12 Core Questions Every Judge and Attorney Should Know (20-05)

The search warrant requirement delineated in the 4th amendment of the United States Constitution is one of our most sacred constitutional rights.

This Training Update provides answers to the following 12 core search warrant questions:

  1. What is the legal standard for issuing a search warrant?
  2. What is the standard for issuing a “no knock” warrant?
  3. What is the standard for authorizing a “nighttime search”?
  4. What kind of peace officer can execute a search warrant?
  5. What type of crime must be involved for a search warrant?
  6. Who has jurisdiction to issue a search warrant?
  7. Who must sign the application for a search warrant?
  8. Who does the judge actually issue the search warrant to?
  9. Once a search warrant is issued how quickly must it be executed?
  10. When executed who gets copies of the search warrant?
  11. Once executed what must be returned to the issuing court?
  12. What is the standard for obtaining a telephonic search warrant?

For a print ready copy of this search warrant update click here

SEARCH OF CELL PHONES – LANDMARK SUPREME COURT DECISION (14-11)

search cell phoneQUESTION: After arresting a suspect, can law enforcement search the suspect’s cell phone incident to arrest without first obtaining a search warrant?

ANSWER NO! On June 25, 2014, in a landmark decision, the United States Supreme Court in Riley v. California, 573 U.S. _______ (2014), unanimously held that the search incident to arrest exception does not extend to a cell phone and that the warrantless search of digital contents of a cell phone during an arrest is unconstitutional.

CLICK ON LINK BELOW TO READ MORE

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MINNESOTA HANDBOOK ON MOTOR VEHICLE STOPS & WARRANTLESS SEARCHES (14-09)

Minnesota Handbook on Motor Vehicle Stops and Warrantless SearchesWHAT IS THE HANDBOOK? The Handbook is designed to provide judges, attorneys and law enforcement officers with a comprehensive reference guide to the laws governing motor vehicle stops and the seven (7) exceptions to the Fourth Amendment warrant requirement under which warrantless searches of motor vehicles may be justified. The Handbook is broken down into the following chapters:

  1. Motor Vehicle Stops;
  2. Search Incident to Arrest;
  3. Plain View Seizure of Evidence;
  4. Probable Cause Search for Evidence;
  5. Inventory Search;
  6. Protective Weapons Search;
  7. Consent Search;
  8. Medical Emergency Search;
  9. Overview.

CLICK ON LINK BELOW TO READ MORE

https://blogpendleton.files.wordpress.com/2014/07/handbook-on-motor-vehicle-stops-warrantless-searches.docx

Missouri v. McNeely and Telephonic Search Warrants – 7 Steps (13-06)

On April 17, 2013 the U.S. Supreme Court issued a long awaited decision in Missouri v. McNeely in which the Court addressed when and under what circumstances, during drunk-driving investigations, law enforcement can conduct a blood test without a warrant. The McNeely decision reverses the Minnesota Supreme Court decision in State v. Shriner, 751 N.W.2d 538 (2008).

QUESTION: You receive a phone call at 3 a.m. from law enforcement asking you to approve a telephonic search warrant. What seven (7) procedural steps MUST be followed for a telephonic search warrant to be lawful? This update outlines a step-by-step guide for judges and law enforcement to follow

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Warrantless Motor Vehicle Searches: Summary Reference Chart (13-10)

This update is a supplement to the Minnesota Handbook on Motor Vehicle Stops & Warrantless Searches and provides a SUMMARY REFERENCE CHART of the seven (7) exceptions to the Fourth Amendment warrant requirement under which warrantless stops and searches of motor vehicles may be justified.

CLICK ON LINK BELOW TO READ MORE

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