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To: repinwi

Thanks. You would think that they would already have a court order. Da’s have to ask representing lawyers for permission?


11 posted on 01/04/2008 5:14:50 PM PST by CindyDawg (.)
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To: CindyDawg
Fourth Amendment Law

Fourth Amendment – Search and Seizure

In order to be valid under the Fourth Amendment, a search warrant must, inter alia, "particularly describe the place to be searched, and the persons or things to be seized." U.S. Const. Amend. IV. The purpose of this particularity requirement is to avoid "a general, exploratory rummaging in a person's belongings." Andresen v. Maryland, 427 U.S. 463, 480, 49 L. Ed. 2d 627, 96 S. Ct. 2737 (1976) (internal quotation marks omitted); Coolidge v. New Hampshire, 403 U.S. 443, 467, 91 S.Ct. 2022, 2038, 29 L.Ed.2d 564 (1971); see generally Stanford v. Texas, 379 U.S. 476, 481-85, 13 L. Ed. 2d 431, 85 S. Ct. 506 (1965) (describing history and purpose of particularity requirement). A sufficiently particular warrant describes the items to be seized in such a manner that it leaves nothing to the discretion of the officer executing the warrant. See Marron v. United States, 275 U.S. 192, 196, 72 L. Ed. 231, 48 S. Ct. 74 (1927). Although the Court ordinarily would begin its review of the decision of the district court by determining whether it erred in concluding the warrant failed to adequately particularize the items to be seized, the Court need not address that question even if the warrant was invalid where the evidence obtained during the search nevertheless was admissible pursuant to the good faith exception to the exclusionary rule. See United States v

22 posted on 01/04/2008 5:33:19 PM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: CindyDawg

Don’t forget, we’re talking about San Fransicko -— the city that allows and celebrates homosexual sex acts on the public streets under police protection during an event each year called the Fulton Street Fair...

It’s really tough to get prosecuted for peculiar crimes.... in that city where peculiar is normal...


32 posted on 01/04/2008 5:45:23 PM PST by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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