Can a search warrant be used to suppress evidence from a residence where a party was being held pending procurement of a warrant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Crozier, 674 F.2d 1293 (9th Cir. 1982):

The district court held that the agents had no probable cause to believe that any controlled substance would be located within the residence, that no exigent circumstances existed to justify entry without a warrant, and that the agents had effectively seized the premises and its contents when they entered and examined the premises before the warrant arrived. The district court suppressed the evidence on the authority of United States v. Allard, 634 F.2d 1182 (9th Cir. 1981), a case holding that the seizure of a hotel room pending procurement of a warrant could not be justified without showing exigent circumstances.

The government contends that the search warrant was sufficiently specific, because it enabled the officers "to reasonably ascertain and identify the place to be searched and the objects to be seized." United States v. Coppage, 635 F.2d 683, 686-7 (8th Cir. 1980).

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