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How this document has been cited

"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often …
- in State v. Edman, 2005 and 988 similar citations
"The primary reason for the warrant requirement is to interpose a `neutral and detached magistrate'between the citizen and `the officer engaged in the often competitive enterprise of ferreting out crime.'"
- in State v. White, 2011 and 123 similar citations
"*** When the right of privacy must reasonably yield to the right of search is, as a rule, to be decided by a judicial officer, not by a policeman or Government enforcement agent."
- in United States v. Stoffey, 1960 and 400 similar citations
—consent invalid when "granted in submission to authority rather than as an understanding and intentional waiver of a constitutional right
The majority opinion demands so little of the government to justify a warrantless entry into a home, it "reduce [s] the [Fourth] Amendment to a nullity and leave [s] the people's homes secure only in the discretion of police officers."
- in Ball v. US, 2018 and 34 similar citations
There are exceptional circumstances in which, on balancing the need for effective law enforcement against the right of privacy, it may be contended that a magistrate's warrant for search may be dispensed with
- in State v. Hutchins, 1989 and 150 similar citations
The Fourth Amendment requires that "a search warrant must be issued by a neutral and detached magistrate,"
- in United States v. LEGRAND, 2004 and 50 similar citations
The Supreme Court of the United States has held that an odor may be sufficient to establish probable cause for the issuance of a search warrant.
- in Com. v. Stainbrook, 1984 and 39 similar citations
—out crime. Any assumption that evidence sufficient to support a magistrate's disinterested determination to issue a search warrant will justify the officers in making a search without a warrant would reduce the Amendment to a nullity and leave the people's homes secure only in the discretion of police officers.... When the right of privacy must reasonably yield to the right of …
- in Sternberg v. Superior Court, 1974 and 196 similar citations

Cited by

437 F. 3d 361 - Court of Appeals, 3rd Circuit 2006
117 SW 3d 19 - Tex: Court of Appeals 2003
371 P. 3d 627 - Ariz: Supreme Court 2016
563 US 452 - Supreme Court 2011
513 F. 3d 395 - Court of Appeals, 4th Circuit 2008
923 F. 2d 1506 - Court of Appeals, 11th Circuit 1991
352 F. 2d 927 - Court of Appeals, Dist. of Columbia Circuit 1965
232 Cal. App. 2d 663 - Cal: Court of Appeal, 2nd Appellate Dist., 1st Div. 1965
200 A. 2d 617 - NJ: Appellate Div. 1964
225 F. 2d 447 - Court of Appeals, 5th Circuit 1955

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