Apart from containers in cars, once police seize container, police must get a warrant to search it
“In the present case, the mobility of the package constituted exigent circumstances justifying Officer Totorica’s seizure of the FedEx package without a warrant so long as he had probable cause to believe it contained contraband. But seizure of the package by the police negated its mobility. Absent some other exception to the warrant requirement, the Fourth Amendment required the police to obtain a search warrant before opening the package after it had been seized.”
The Cal. Supremes upheld a death penalty today:
PEOPLE v. LINTON (DANIEL ANDREW), S080054
Coming, tomorrow at 10 a.m., from the Cal. Supremes
PEOPLE v. LINTON (DANIEL ANDREW)
S080054 (Riverside County Superior Court – CR60158)
Argued in San Francisco 5-08-13
This matter is an automatic appeal from a judgment of death.
ROBEY (KEWHAN) v. SUPERIOR COURT (PEOPLE)
S197735 (B231019; Santa Barbara County Superior Court – 1349412)
Argued in Los Angeles 4-03-13
This case presents the following issues:
(1) Could police conduct a warrantless search of a package smelling of marijuana under a “plain smell” exception to the warrant requirement?
(2) Could police conduct a warrantless search of the package because the mobility of the box created exigent circumstances even after an officer seized the package from a common carrier and held it at the police station?
The Cal. Supremes will issue no new criminal cases on Monday.
The Cal. Supremes will issue no new criminal cases today.
Supremes affirm a death penalty case