United States v. Joseph P. Branch, United States of America v. Eric B. Garrison

How courts have described this case

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

• holding that search of shoulder bag was not authorized by search warrant for apartment
• recognizing that a warrant to search an apartment “did not authorize the search of all persons who may have been present” (citing United States v. Di Re, 332 U.S. 581 (1948)
• emphasizing that the probable cause determination in Draper, though based in part on hearsay evidence, was appropriate because that evidence “was explicitly detailed and corroborated by events as they transpired”
• suggesting that visitor’s “personal items . . . may, in some circumstances, be found to be within the ambit of a premises search warrant,” but concluding that shoulder bag was not in that instance
• “[Defendant] was apparently a mere visitor; his relationship to the premises was not known, but was at best the subject of speculation.”
• search of purse resting separately from its owner, was not “worn” and therefore the search was proper

Source: CourtListener parenthetical corpus (CC0).