CA8: “[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under 4A

“[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under the Fourth Amendment. United States v. Becker, 2022 U.S. App. LEXIS 35626 (8th Cir. Dec. 27, 2022).

Defendant concedes the probation officer had reasonable suspicion for defendant outside his home. Here, that was justification to search his home and rental car. United States v. Chandler, 2022 U.S. App. LEXIS 35640 (2d Cir. Dec. 27, 2022).*

“The fact that the officers told Burnett that he was detained and not under arrest is immaterial to whether a seizure of his person occurred under the Fourth Amendment. Once Burnett was handcuffed and told he was not free to leave, Burnett’s detention amounted to a de facto arrest and needed to be supported by probable cause.” United States v. Burnett, 2022 U.S. Dist. LEXIS 229454 (E.D. Ky. Nov. 23, 2022).*

This entry was posted in Arrest or entry on arrest, Exclusionary rule, Probation / Parole search, Reasonableness, Seizure. Bookmark the permalink.

Comments are closed.