Tag Archives: Warrantless Searches

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

Posted on June 1, 2014 | Leave a comment

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

Advertisement

Leave a comment

Posted in MN Handbook on Motor Vehicle Stops & Warrantless Searches, MN Handbook on Motor Vehicle Stops & Warrantless Searches, MOTOR VEHICLES, SEARCH & SEIZURE

Tagged ,

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

Posted on April 24, 2013 | Leave a comment

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

CLICK ON LINK BELOW TO READ MORE

Pendleton13.06-Missouri_v_McNeely_and_Telephonic_Search_Warrants

Leave a comment

Posted in CRIMINAL PRETRIAL, DWI & Blood Tests - Missouri v. McNeely, SEARCH & SEIZURE, Search Warrant - Telephonic, Telephonic Search Warrants

Tagged , , , , , ,

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

Posted on July 29, 2012 | 2 comments

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

Pendleton13.10-Warrantless_Motor_Vehicle_Searches

2 Comments

Posted in Motor Vehicle Stop & Warrantless Search Chart, MOTOR VEHICLES, SEARCH & SEIZURE, Warrantless Motor Vehicle Search Chart

Tagged , , ,