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· 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 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.