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· 4/11/2017

BOSC, Inc. v. Board of County Commissioners

Citations

  • 853 F.3d 1165
  • 2017 WL 1325679
  • 2017 U.S. App. LEXIS 6206

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting warrantless searches are per se unreasonable unless they come within a recognized exception to the warrant requirement
  • noting an officer is only required to present the information supporting a probable cause finding
  • “We give deference to the district court’s factual findings, but they do not bind us.” (quoting State v. Scheffert, 910 N.W.2d 577, 581 (Iowa 2018))
  • “We use the 12 totality-of-the-circumstances standard to determine whether officers established probable cause for issuance of a search warrant.”
  • “Therefore, to justify an investigatory stop, an officer must have reasonable suspicion, backed by specific and articulable facts, to believe criminal activity is afoot.”
  • “We draw all reasonable inferences to support the judge’s finding of probable cause and decide close cases in favor of upholding the validity of the warrant.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tymkovich, Baldock, Briscoe

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.