· 4/3/1997
United States v. Ralph A. Weinbender
Citations
- 109 F.3d 1327
- 1997 U.S. App. LEXIS 6231
- 1997 WL 151715
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that officers acted reasonably by removing drywall that looked to have been recently repaired to find hidden contraband
- finding that officers acted reasonably by removing carpet in search of narcotics
- holding an officer did not exceed the scope of a search warrant when he removed drywall and wood from a closet wall since a lawful search extends to all areas in which the object may be found
- affirming denial of motion to suppress pistol, parts of silencer, holster and magazine discovered and seized from behind drywall during execution of search warrant authorizing search of home for articles of clothing
- “ ‘[T]he manner in which a warrant is executed is always subject to judicial review to ensure that it does not .traverse the general Fourth Amendment proscription' against unreasonableness.’ ”
- “The immediately apparent requirement means that officers must have probable cause to associate the property with criminal activity.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Gibson, Montgomery
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.