Re:Federal Appeals Court Finds Geofence Warrants Are Categor...
by crazygringo on Monday August 12, 2024 @06:50PM
(#41230248)
Wait, really?
If police say they have extremely good evidence to believe the drugs are in the garage, in the scenario you described, a court wouldn't issue a search warrant for the garage including any cars it contains?
I'm genuinely surprised. Is there a name for whatever legal principle prevents the court from doing so? I'd like to learn more about this.
Because from Wikipedia [1], I'd have assumed that this would be a cut-and-dried instance of probable cause [2]. Is it about the vehicle owners being different from the garage owner?
Edit: some quick googling seems to indicate that search warrants in the US can be issued to include all or specifically identified vehicles on a property, but no indication of what conditions need to be met.
If police say they have extremely good evidence to believe the drugs are in the garage, in the scenario you described, a court wouldn't issue a search warrant for the garage including any cars it contains?
I'm genuinely surprised. Is there a name for whatever legal principle prevents the court from doing so? I'd like to learn more about this.
Because from Wikipedia [1], I'd have assumed that this would be a cut-and-dried instance of probable cause [2]. Is it about the vehicle owners being different from the garage owner?
Edit: some quick googling seems to indicate that search warrants in the US can be issued to include all or specifically identified vehicles on a property, but no indication of what conditions need to be met.
[1] https://en.wikipedia.org/wiki/Search_warrant#United_States
[2] https://en.wikipedia.org/wiki/Probable_cause