· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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