Search and Seizure

The Seventh Circuit must determine if an encounter at a motel is a seizure under the Fourth Amendment and if consent to search was voluntary. The court then must determine if the officers exceeded the scope of the consent when they looked under the beds in the motel room.

This case provides a great review of the search and seizure concepts of consensual encounter, Terry Stop, and a search of a vehicle incident to arrest under the Second Gant Exception.

In this episode, host Bruce-Alan Barnard analyzes the 7th Circuit decision in United States v. Davis providing an explanation of the judicially-recognized exception for Search Incident to Arrest.

Torres v. Madrid – LEA ONE Supreme Court Update   This 5-3 decision defines what constitutes a Fourth Amendment seizure by force.   The decision was out on the 25th and we had the video and podcasts produced in 24 hours!

In this episode of SEARCH AND SEIZURE, host Bruce-Alan Barnard explains how the definition of a Fourth Amendment search has changed as well as the direction in which it is trending.  Specifically, Bruce will discuss: The “old-school” trespass definition of a search in Olmstead v. United States (1928). The radically expanded privacy definition of a … Continue reading What is a Fourth Amendment SEARCH? →

Welcome to SEARCH AND SEIZURE … a podcast for law enforcement officers on search and seizure law.  In this introduction, Bruce-Alan Barnard describes what will follow in future episodes.