Can a search warrant be used to relocate a defendant after he first refused to consent to a search?

MultiRegion, United States of America

The following excerpt is from U.S. v. Prim, 698 F.2d 972 (9th Cir. 1983):

Even if the relocation were constitutional, continued detention after defendant's first refusal to consent to a search constituted a custodial interrogation without probable cause under the reasoning of Dunaway and Chamberlin. As such, the government had no justification for conducting a pat-down search thereafter, and the cocaine taken from defendant was thereby tainted by the illegal detention and should have been suppressed. Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

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 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)
Can a search warrant be used to relocate a person who has been detained for more than 24 hours after refusing to consent to a search? (MultiRegion, United States of America)
What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (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)
When will consent to a search warrant be invalidated if the officer makes a threat to obtain the 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)
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 scope of a search warrant for a search of computers, computers, compact disks, hard drives, memory cards, and other digital devices pursuant to the search warrant? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.