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Ninth Circuit permits warrantless search of home when arrest warrant subject remains outside of home

Feb 24, 2010 Ninth Circuit permits warrantless search of home when arrest warrant subject remains outside of home

Unfortunately, last September, a Ninth Circuit panel upheld a warrantless home search where the subject of an arrest warrant never got into the searched home. The panel justified the search under the protective search and plain view doctrines. U.S. v. Lemus, 582 F.3d 958  (9th Cir., Sept. 22, 2009)

Thanks to Judge Kozinski joined by Judge Paez for his scathing dissent from February 18, 2010, from the Ninth Circuit’s refusal to review this case en banc.

ADDENDUM: Thanks to a listserv member for posting on Lemus. For whatever the reason, the panel’s opinion is filled with so many contractions as to make the opinion sound too informal when considering the serious impact this case has on Mr. Lemus’s life and on Fourth Amendment precedent in the Ninth Circuit.

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