Does a search warrant need to be conducted on the basis of the officer's subjective state of mind?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cannon, 29 F.3d 472 (9th Cir. 1994):
Some of our language has implied that this subjective inquiry is required. See, e.g., United States v. Smith, 802 F.2d 1119, 1124 (9th Cir.1986) ("[w]hether an arrest is a mere pretext to search turns on the motivation or primary purpose of the arresting officers"). 3 However, in none of these cases have we held a search invalid based solely on the officer's subjective state of mind. 4
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