{"id":3932,"date":"2010-03-09T07:35:04","date_gmt":"2010-03-09T07:28:29","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-09T07:35:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3932","title":{"rendered":"N.D.Ky.: Seizure of laptop in house before warrant arrived was valid where no search until after warrant issued"},"content":{"rendered":"

Disconnecting and seizing defendant\u2019s laptop and moving it to the garage while awaiting a warrant was a seizure but not a search, and it was valid under Segura<\/a>. The warrantless seizure was valid because it was not removed from the house until after the warrant arrived. United States v. Lamb, 2010 U.S. Dist. LEXIS 19899 (N.D. Ky. January 14, 2010)*:<\/p>\n

“Different interests are implicated by a seizure than by a search.” Segura v. United States, 468 U.S. 796, 806 (1984). A search affects only a person’s privacy interests; while, a seizure affects only a person’s possessory interests. Id. The Fourth Amendment protects against both unreasonable searches and seizures and requires probable cause for a warrant before any legal search or seizure may take place. Chambers v. Maroney, 399 U.S. 42, 51 (1970). In addition to recognized exceptions to the search warrant requirement, the Supreme Court “has frequently approved warrantless seizures of property, on the basis of probable cause, for the time necessary to secure a warrant, where a warrantless search was either held to be or likely would have been held impermissible.” Segura, 468 U.S., at 806.<\/p><\/blockquote>\n

Probable Fourth Amendment violation of the police overstaying their welcome did not nullify subsequent search warrant for a suitcase full of cocaine where the police did not search during the stay and the affidavit for the search warrant makes no reference to any view in the house. United States v. Parker, 2010 U.S. Dist. LEXIS 19972 (D. Conn. March 5, 2010)*:<\/p>\n

It may be the case that the officers violated Mr. Parker’s rights under the Fourth Amendment. To be clear, the Court does not condone the agents’ behavior in prolonging their warrantless stay in Mr. Parker’s home beyond what was necessary to ensure that no one was in the residence. But where, as here, any Fourth Amendment violation is unconnected to the evidence seized, suppression is unwarranted. See Segura, 468 U.S. at 814; see also Nix v. Williams, 467 U.S. 431, 443 (1984) (“[T]he interest of society in deterring unlawful police conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position that they would have been in if no police error or misconduct had occurred.”).<\/p><\/blockquote>\n

Controlled buy and subsequent search justified revocation of release. United States v. Jordan, 2009 U.S. Dist. LEXIS 125522 (S.D. Fla. October 22, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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