Maryland v. Garrison
Primary source
Background below is sourced from Wikipedia (CC BY-SA 4.0). We link back to the source for attribution; edits made by Wikipedia editors after our last scrape may not appear here.
Background
From Wikipedia, the free encyclopedia
1987 United States Supreme Court case
Maryland v. Garrison, 480 U.S. 79 (1987), is a United States Supreme Court case dealing with the Fourth Amendment of the United States Constitution and the extent of discretion given to police officers acting in good faith. The Court held that where police reasonably believe their warrant was valid during a search, execution of the warrant does not violate respondent's Fourth Amendment rights.
Facts
[(https://en.wikipedia.org/w/index.php?title=Maryland_v._Garrison&action=edit§ion=1 "Edit section: Facts")
]
The Baltimore Police Department were executing a warrant that said the ‘3rd floor apartment’ intending to search McWebbs apartment, when the police went upstairs they searched the 3rd floor and found drugs and cash. The police, then discovered that the 3rd floor was actually divided into 2 apartments. Up to that point none of the police had realized there were 2 distinct apartments. Garrison brought a 4th Amendment claim because they did not have a warrant to search his apartment, but rather they had a warrant to search McWebbs apartment, and Garrison wanted to use the 4th Amendment to suppress the drug evidence.
Opinion
[(https://en.wikipedia.org/w/index.php?title=Maryland_v._Garrison&action=edit§ion=2 "Edit section: Opinion")
]
The Court finds that because the warrant allowed for investigation of the 3rd floor, the officers reasonably relied on the warrant to carry out the search. Therefore the evidence is allowed, and Garrison is not allowed to invoke the 4th Amendment protection.
See also
[(https://en.wikipedia.org/w/index.php?title=Maryland_v._Garrison&action=edit§ion=3 "Edit section: See also")
]
Further reading
[(https://en.wikipedia.org/w/index.php?title=Maryland_v._Garrison&action=edit§ion=4 "Edit section: Further reading")
]
- Childress, D. R. (1988). "Maryland v. Garrison: Extending the Good Faith Exception to Warrantless Searches". Baylor Law Review. 40: 151. ISSN 0005-7274 .
- Ricciardelli, G. N. (1988). "Stretching the Good Faith Exception beyond Its Constitutional Limits: Maryland v. Garrison". New England Law Review. 23: 853. ISSN 0028-4823 .
External links
[(https://en.wikipedia.org/w/index.php?title=Maryland_v._Garrison&action=edit§ion=5 "Edit section: External links")
]
- Text of Maryland v. Garrison, 480 U.S. 79 (1987) is available from: CourtListener Findlaw Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)
United States Fourth Amendment case law
Scope of the Fourth Amendment
Definition of search
- _Boyd v. United States _ (1886)
- _United States v. Lee _ (1927)
- _Olmstead v. United States _ (1928)
- _Abel v. United States _ (1960)
- _Silverman v. United States _ (1961)
- _Katz v. United States _ (1967)
- _United States v. Knotts _ (1983)
- _United States v. Place _ (1983)
- _United States v. Karo _ (1984)
- _California v. Greenwood _ (1988)
- _Skinner v. Railway Labor Executives Ass'n _ (1989)
- _United States v. Verdugo-Urquidez _ (1990)
- _Bond v. United States _ (2000)
- _Kyllo v. United States _ (2001)
- _Illinois v. Caballes _ (2005)
- _United States v. Jones _ (2012)
- _Florida v. Jardines _ (2013)
- _Klayman v. Obama _ (D.D.C. 2013)
- _American Civil Liberties Union v. Clapper _ (D.D.C. 2013)
Definition of seizure
- _Counselman v. Hitchcock _ (1892)
- _Hale v. Henkel _ (1906)
- _Terry v. Ohio _ (1968)
- _United States v. Mendenhall _ (1980)
- _Florida v. Royer _ (1983)
- _INS v. Delgado _ (1984)
- _California v. Hodari D. _ (1991)
- _Florida v. Bostick _ (1991)
- _Soldal v. Cook County _ (1992)
- _United States v. Drayton _ (2002)
- _Brendlin v. California _ (2007)
- _Torres v. Madrid _ (2021)
Third-party entry
- _Wilson v. Layne _ (1999)
Fourth Amendment standing
- _Rakas v. Illinois _ (1978)
- _Byrd v. United States _ (2018)
Warrant requirement
- _Johnson v. United States _ (1948)
- _Franks v. Delaware _ (1978)
- _Ybarra v. Illinois _ (1979)
- _Maryland v. Garrison _ (1987)
- _United States v. Grubbs _ (2006)
- _Los Angeles County v. Rettelle _ (2006)
Exceptions to warrant requirement
Seizures
Remedies
Civil suit
Incorporation against States
Retrieved from "https://en.wikipedia.org/w/index.php?title=Maryland_v._Garrison&oldid=1351351848 "
Hidden categories:
[All Wikipedia articles writte
…
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.