What is the test for a search warrant to search a container of marijuana seized by a police officer?
MultiRegion, United States of America
The following excerpt is from U.S. v. Flippin, 924 F.2d 163 (9th Cir. 1991):
The critical factor is whether the danger justifying the seizure still existed once the officer had custody of the container. If the exigency was gone, a search warrant must be obtained before it may be opened. Arkansas v. Sanders, 442 U.S. 753, 763, 99 S.Ct. 2586, 2592-93, 61 L.Ed.2d 235 (1979); United States v. Robertson, 833 F.2d 777, 785 (9th Cir.1987). 5 Because the officer did
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