Is intent a factor in determining whether a search warrant can be used to search a person's vehicle?

MultiRegion, United States of America

The following excerpt is from Dancy v. McGinley, 843 F.3d 93 (2nd Cir. 2016):

Intent is a factorto a limited extent. A plaintiff must prove that an officer intended to commit acts that constituted a seizure in the first instance. The Fourth Amendment is not implicated absent a "governmental termination of freedom of movement through means intentionally applied ." Brower v. Cty. of Inyo , 489 U.S. 593, 59697, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989) ("[That] the detention ... be willful.... is implicit in the word seizure, which can hardly be applied to an unknowing act."). But as long as an officer deliberately performed acts that constitute a seizure, the Fourth Amendment has been triggered, regardless of whether it was accomplished by the exact method intended.

Other Questions


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)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
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)
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)
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)
What is the test for determining whether a motor vehicle is a "vehicle with intent to endanger another vehicle"? (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 factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What factors must a judge consider when determining whether a motor vehicle is a vehicle with a valid vehicle registration application? (MultiRegion, United States of America)
In what circumstances will a search warrant be used to search a vehicle and a house in what circumstances was the search warrant issued? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.