Category Archives: SEARCH & SEIZURE

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.

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PendletonUpdate14-11

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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.

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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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Pendleton13.06-Missouri_v_McNeely_and_Telephonic_Search_Warrants

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.

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Pendleton13.10-Warrantless_Motor_Vehicle_Searches

TELEPHONIC SEARCH WARRANTS – 7 STEPS (10-20)

Question: Although It Doesn’t Occur Often, What Happens If You Receive A Phone Call At 3 a.m. From Law Enforcement Asking You To Approve A Telephonic Search Warrant? What Standard Do You Apply And What 7 Procedural Steps Must Be Followed For A Telephonic Search Warrant To Be Lawful?

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Pendleton10.20-Telephonic_Search_Warrants-7_Steps