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· 11/22/1978

Higgenbottom v. Noreen

Citations

  • 586 F.2d 719
  • 4 Fed. R. Serv. 202

How courts have described this case

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

  • holding that the warrant was invalid because it did not tend to establish that the basis for the warrant — membership in Hell’s Angels Motorcycle Club — was an illegal activity
  • upholding trial court finding that even if the limitation on the number of officers who could search was a valid qualification, by allowing entry of all the officers without protest, defendant had revoked his qualification.
  • without more, membership in Hell's Angels does not establish probable cause that defendant was involved in criminal activity
  • by allowing search “without protest” after having given at least partial consent to search, defendant “revoked” any prior qualification of the scope of consent
  • membership in Hell’s Angels without a link to actual criminal activity insufficient to support a finding of probable cause to issue a search warrant
  • “We are unpersuaded that a consent search may be validly qualified by the number of officers allowed to search, and we so hold.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Goodwin

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.