{"id":7843,"date":"2012-12-03T07:57:16","date_gmt":"2012-10-18T09:55:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-10-18T09:55:46","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7843","title":{"rendered":"CA6: Violation of state S&S law irrelevant to Fourth Amendment analysis"},"content":{"rendered":"

Any failure of state officials to comply with state search and seizure or arrest law is meaningless in federal court under the Fourth Amendment. Here, Tennessee law required an original and two copies. One was missing. United States v. Beals<\/a>, 698 F.3d 248 (6th Cir. 2012):<\/p>\n

Although no court to our knowledge has before addressed the precise question raised here, we find that the answer is squarely governed by the rule that only the Fourth Amendment (to the exclusion of state law) applies in federal prosecutions involving evidence seized by state officials. So long as the Fourth Amendment is satisfied, there is no basis for suppression. Accordingly, we turn to the Fourth Amendment, which requires “only three things” with respect to search warrants. Dalia v. United States, 441 U.S. 238, 255 (1979). The first is that they be issued only by “neutral and detached” magistrates “capable of determining whether probable cause exists for the requested arrest or search.” Shadwick v. City of Tampa, 407 U.S. 345, 350 (1972); see Johnson v. United States, 333 U.S. 10, 14 (1948) (“[The Fourth Amendment’s] protection consists in requiring that … inferences [of probable cause] be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.”). There is no dispute that Judge Cupp satisfied these criteria when he authorized the search of Ambrose’s garage.<\/p><\/blockquote>\n

Note: This means, of course, that state officials can avoid suppression in state court by handing the case over to the U.S. Attorney.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7843","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7843","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7843"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7843\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7843"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7843"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7843"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}