LEGAL

RESEARCH

Use of Force
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The Fourth Amendment: What is a Search?
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  - Walter v. United States
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The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
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Search Warrants
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  - Lo-Ji Sales, Inc. v. New York
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- Probable Cause - Required
  - Winston v. Lee
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- With Particularity
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  - United States v. Flores-Montano
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- Fruit of the Poisonus Tree
- Origins

Arrests-Arrest Warrants

Whiteley v. Warden

Facts

A sheriff received information that the defendant had broken into a building and stolen some property. The sheriff filed a complaint that did not mention nor corroborate this information. It merely contained the officer’s conclusion that the defendant had committed the crime. Based on this complaint, the magistrate issued an arrest warrant and the defendant was arrested.

Issue

Whether the government can establish probable cause for an arrest warrant on information that was not presented to the issuing judge, but which the government possessed at the time of the warrant application?

Held

No. An arrest warrant must be based on the facts as they were presented to the issuing judge. Any subsequent arrest based on that arrest warrant alone cannot be sustained by facts that were not presented to the judge.

Discussion

If a warrant is challenged, its validity may only be established by information in the affidavit (or complaint). The government may not present information other than that originally presented to the magistrate judge.

In this case, the arrest warrant was struck down as invalid. Since an objectively reasonable officer in the sheriff’s position would have recognized that the affidavit was insufficient, the “good faith exception” of United States v. Leon does not apply. Also, since the arresting officer did not have information other than the fact that an arrest warrant had been issued, the Court refused to consider information that was not contained in the complaint on which the arrest warrant had been based.

Citation

401 U.S. 560, 91 S. Ct. 1031 (1971)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege