Category: Warrants

By Scott Limmer

An attorneys blog about criminal law and procedure, college discipline, Title IX and cases of Interest

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High Court: Warrantless Blood Draw Okay if Driver Unconscious

The Fourth Amendment protects against unreasonable searches and seizures and has generally been interpreted to mean police need a warrant to test blood from a driver suspected of drunk driving. As recently as 2013, the U.S. Supreme Court in a 5-4 decision (Birchfield v. North Dakota) ruled police had violated constitutional rights of a DUI […]

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Do Parking Enforcers Need Search Warrants to Chalk Mark Tires?

Is the Taylor v City of Saginaw Case Proof That Courts Still Do Not Get Property Law Right? In a first-ever decision, a federal appellate court has ruled a city unconstitutionally put chalk marks on tires to identify vehicles which remained in a parking spot longer than permitted. In Taylor v City of Saginaw, a […]

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Have NYC Prosecutors Misused Material Witness Warrants?

Have New York City district attorneys misused material witness warrants, using them not for their proper purpose – producing testimony by a reluctant witness who has knowledge useful in prosecuting a crime but who’s not suspected of wrongdoing – instead to hold suspects for several days of questioning, without legally required safeguards? That was a […]

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Cop Fired for Arresting Nurse Who Blocked Unconsented, Warrantless Blood Draw from Patient

Videos, taken on July 26 in the emergency room of the University of Utah hospital’s burn unit, show Jeff Payne, a veteran Salt Lake City policeman, growing increasingly frustrated as he argues with Alex Wubbels, the unit’s head nurse, a blonde female in blue scrubs, over the cop’s intent to draw a blood sample from […]

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Judges Split on Warrant to Tape

Does the FBI Need a Warrant to Tape Outside a Federal Courthouse? In under two weeks, two California-based federal judges have come up with sharply different answers to the same question: does the Federal Bureau of Investigation (FBI) need a warrant to use hidden recording devices to make audio or videotapes outside federal courthouses? Both […]

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DOJ Stops Sharing Federal Asset Seizures with State, Local Police

Shortly before Christmas, the U.S. Department of Justice (DOJ) announced it was suspending a program which allows state and local law enforcement agencies to claim part of the assets seized in federal law enforcement cases. Known as DOJ’s “equitable sharing” program, the somewhat controversial practice lets state and local law enforcers stake a claim under […]

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Justice Department Restricts Program Giving Police Incentives for Warrantless Seizures

On January 15, the Department of Justice (DOJ) announced it was cutting back on a long-running and increasingly criticized federal program encouraging state and local police without warrants to seize cash and property from persons suspected of criminal activity. Many states have civil asset forfeiture laws, which the DOJ action does not affect. But the […]

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