· 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 CourtListenerSourced 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.