Questioning a Detained Suspect and the Necessity for a Miranda Admonishment and Wavier
A suspect is in custody for purposes of Miranda and must be advised of his Miranda rights whenever the police, in questioning him, have created a police dominated atmosphere.
Residential Search Warrants
With probable cause to believe a felon possesses a firearm in his residence, including a request for “any firearm” in the affidavit does not render the warrant “overbroad.”
Searches of Vehicles Upon the Arrest of It’s Occupant
Upon arresting the occupant of a motor vehicle, the warrantless search of the vehicle is lawful under either or both of two legal theories; i.e., the automobile exception and incident to arrest.
Probation Fourth Waiver Searches & Good Faith Belief in the Existence of a Fourth Waiver
A warrantless vehicle search based up a passenger’s Fourth waiver is valid, as are searches based upon an officer’s good faith believe in the existence of a valid Fourth waiver.
The Community Caretaking Doctrine does not apply to the entry or search of a residence
The “Community Caretaking Doctrine,” created to justify warrantless entries into impounded automobiles for a non-criminal investigative purpose, does not justify the warrantless entry into a residence or seizure of firearms therein.