What is the test for determining whether the use of a jackhammer to search beneath a concrete slab was unreasonable?

MultiRegion, United States of America

The following excerpt is from U.S. v. Becker, 929 F.2d 442 (9th Cir. 1991):

Turning to the merits of the case, the issue is whether the use of a jackhammer to search beneath the concrete slab was unreasonable. "A warranted search is unreasonable if it exceeds in scope or intensity the terms of the warrant." United States v. Penn, 647 F.2d 876, 882 n. 7 (9th Cir.) (en banc), cert. denied, 449 U.S. 903, 101 S.Ct. 276, 66 L.Ed.2d 134 (1980). Whether officers exceeded the scope of a warrant during a search is reviewed de novo. See United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir.1988). The question of unreasonable intensity can only be resolved by reviewing the facts and circumstances of each case. See Penn, 647 F.2d at 883. Upon review, we conclude that the agents' search did not violate the scope of the warrant nor was it unreasonably intensive.

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 test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether consent was voluntary in a search warrantless search? (MultiRegion, United States of America)
Is intent a factor in determining whether a search warrant can be used to search a person's vehicle? (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 is the test for determining whether a sentence is procedurally unreasonable or substantively unreasonable? (MultiRegion, United States of America)
What is the test for determining whether a state court made an unreasonable determination of the facts? (MultiRegion, United States of America)
What is the test for determining whether a search has not exceeded the scope of a search? (MultiRegion, United States of America)
What is the test for determining whether a sentence is procedurally unreasonable or substantively unreasonable? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.