Can a person who entered the apartment door a crack for the purposes of a Fourth Amendment search, obtain a search warrant from the police?
MultiRegion, United States of America
The following excerpt is from Chamberlain v. City of White Plains, 960 F.3d 100 (Mem) (2nd Cir. 2020):
11 As an aside, we note that the initial opening of the apartment door a crack, as alleged, might plausibly, and taken alone, have been an "entry" for Fourth Amendment purposes, even had nothing further taken place. As we made clear in Loria v. Gorman , 306 F.3d 1271 (2d Cir. 2002) :
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
When can a police officer rely on a search warrant or a warrant issued by the Office of the Attorney General for the purpose of obtaining an administrative inspection warrant? (MultiRegion, United States of America)
What is the test for obtaining a search warrant for search warrants for searches of electronic cigarettes and electronic cigarettes? (MultiRegion, United States of America)
What is the test for obtaining a warrant to search a person's home without a search warrant? (MultiRegion, United States of America)
What is the impact of section 2.256(8) of the Criminal Code on the search warrant used to obtain a search warrant for a speech-gathering warrant? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
What is the current state of the law on the right to search a person's home for the purpose of obtaining a search warrant? (MultiRegion, United States of America)
Is there any case law where a search warrant can be used to search a person's home without the search warrant being issued? (MultiRegion, United States of America)
What is the test for obtaining a conventional warrant for a second search warrant based on information obtained from a surreptitious search? (MultiRegion, United States of America)
What is the state of the law on qualified immunity for the use of search warrant for search warrants in search of a person with mental health issues? (MultiRegion, United States of America)
