Just because the police have probable cause to get a search warrant does not mean they have to\u2014they can still attempt to get consent. United States v. Hall, 2011 U.S. Dist. LEXIS 133522 (S.D. Fla. November 16, 2011)*:<\/p>\n
First, the Court agrees that the police\u2019s failure to obtain a warrant in this case even though they could have done so does not violate the Fourth Amendment. As the Supreme Court stated in King<\/a>, \u201c[f]aulting the police for failing to apply for a search warrant at the earliest possible time after obtaining probable cause imposes a duty that is nowhere to be found in the Constitution.\u201d 131 S.Ct at 1861. The King<\/a> Court also stated that requiring a search warrant whenever the police have probable cause \u201cunjustifiably interferes with legitimate law enforcement strategies\u201d because \u201c [t]here are many entirely proper reasons why police may not seek a warrant but instead knock on the door and seek either to speak with an occupant or to obtain consent to search.\u201d Id. One of the reasons the court lists is that \u201cthe police may want to ask an occupant of the premises for consent to search because doing so is simpler, faster, and less burdensome than applying for a warrant.\u201d Id. This is analogous to this situation where the police believed it was simpler, faster and less burdensome to go to Defendant\u2019s home and ask him to come down to the station with them. <\/p><\/blockquote>\n
Pro se plaintiff\u2019s cryptic complaint stated a claim for excessive force under \u00a7 1983 that the defendant officer entered his property and shot him without provocation. Hall v. Burney<\/a>, 454 Fed. Appx. 149 (4th Cir. 2011) (unpublished).*<\/p>\n
Defendant saw police officers and reached for his pocket. They asked him what was in his pocket, and he said \u201ca gun,\u201d and that justified his patdown. He was not stopped or detained when he gave himself up. United States v. Allen<\/a>, 447 Fed. Appx. 118 (11th Cir. 2011) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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