What is the standard of procedure for obtaining a search warrant for seizure of personal property by police officers?
The following excerpt is from Perkins v. City of West Covina, 113 F.3d 1004 (9th Cir. 1997):
"[D]ue process is flexible and calls for such procedural protections as the particular situation demands." Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484 (1972). Seizure of property pursuant to a search warrant occurs "to thousands of [people] of various levels of education, experience, and resources" who should be clearly informed of the procedure for retrieving their property if it is not needed for the criminal proceedings. See Memphis Light, 436 U.S. at 15 n. 15, 98 S.Ct. at 1563 n. 15.
Page 1013
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
