Blog
CALL US FOR A FREE CONSULTATION
Call Us831-426-5800 Call Us831-566-4357
303 Potrero Street, Suite 30, Santa Cruz, CA 95060
Subscribe to this list via RSS Blog posts tagged in warrantless search

School district trustees voted unanimously Tuesday to allow Pleasanton police dogs to stroll through the parking lots of the high schools to conduct random warrantless searches. The dogs reportedly will be allowed inside the physical education locker rooms when students are not present to sniff for contraband. Additionally, the high school principals will be authorized to seek approval to request warrantless searches.

Four of the five trustees voted to delay implementation of the new dog sniff protocol until the school district can develop a policy for conducting the random warrantless dog sniff searches. Sources say that could take until the end of February. One of the trustees voted against waiting to develop a policy, saying the drug problem is urgent.

Although the district superintendent claims that the alleged drug problem in Pleasanton schools does not involve every student, presumably, every student may be subject to the police dog scrutiny, even if the student is not involved.

...
Tagged in: warrantless search

The high court ruled Monday in an 8 to 1 decision that the police acted lawfully under exigent circumstances. The case arose in 2005 after law enforcement conducted an undercover sting operation. A person allegedly sold crack cocaine to a police informant. The suspect reportedly entered an apartment building after the alleged sale.

Police entered the building, but were unable to determine which apartment the suspect entered. They combed the halls of the apartment building until they say they smelled the odor of marijuana coming from one of the unit.

Police pounded on the door and announced their presence loudly. They then listened at the door. Police claim they heard people moving inside the locked apartment. The police announced their intent to enter the apartment and broke down the door.

...

The California Supreme Court recently issued a ruling that allows law enforcement to search the texts and other data stored on a cell phone without a warrant after an arrest. Cell phones are becoming more and more sophisticated as technology advances. The data stored on a cell phone may be free game to law enforcement after an arrest under the ruling.

The case stems from a 2007 Ventura County arrest. Police arrested the defendant in the case on suspicion of committing a California drug crime. After arresting the man, police found a cell phone that the defendant was carrying. Roughly 90 minutes after the arrest, an officer searched through text messages stored on the cell phone and found a text message that allegedly incriminated the defendant.

The message reportedly read "6 4 80." Police alleged the message related to the sale of six ecstasy pills for $80. The man later confessed to the drug deal. The defendant challenged the admissibility of the evidence in court on the basis that the warrantless search was illegal.

...
Back to Top