Sunday, January 13, 2019

Steagald v. United States case brief

    1. Steagald v. United States case brief summary

      1. Police received a tip from informant of phone number of wanted man Lyons. They received the address and went to the home the phone company provided. When they got there, they searched the home without a warrant for anyone besides Lyon and found a little coke. One officer went to get a warrant while he was gone the officer did another search. During the third search with the warrant they found 43 pounds of coke
      2. There was an outstanding arrest warrant for Lyons ONLY
      3. Arrest warrant: showing probable cause exists to believe that the subject of the warrant has committed an offense and thus the warrant serves to protect an individual from unreasonable seizure
        1. If they entered with a search warrant and found the cocaine they would then need an arrest warrant for Steagald
          1. But they prob could say that they didn’t because he would have destroyed the evidence or leave someone there while they go get an arrest warrant
      4. Search warrant: probable cause to believe that the legitimate object of a search is located in a particular place, and therefore safeguards an individual’s rights in the privacy of his home and possessions against the unjustified intrusion of the police
        1. In order to get into Steagald’s house they need a search warrant
        2. Show probable cause that Lyons was inside of the home
        3. If they go in with an arrest warrant to arrest someone they can use anything in plain view for evidence
If they want to go into any bedrooms they need a search warrant

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