Legal Opinion
United States v. Fagan
Court of Appeals for the First Circuit
Decided August 13, 2009No. 08-1787PublishedCited by 26 opinions
1Opinion of the Court
SELYA, Circuit Judge.
The Warrant Clause of the Fourth Amendment has been interpreted to permit searches not only of the premises specified in a warrant but also of structures “appurtenant” to those premises. The case law, however, provides very little guidance as to how courts should determine whether or not a given structure is appurtenant to described premises. This case offers us an opportunity to shed some light on this shadowy corner of Fourth Amendment law.
The matter comes to us in the form of an appeal of the denial of a motion to suppress evidence seized from a storage closet by local…
2Cases cited13 opinions
- Ornelas v. United StatesSupreme Court of the United States · 1996
- United States v. VentrescaSupreme Court of the United States · 1965
- United States v. HeldtCourt of Appeals for the D.C. Circuit · 1981
- United States v. Russell Bonner, United States of America v. Wayne BonnerCourt of Appeals for the First Circuit · 1986
- United States v. Ngai Man LeeCourt of Appeals for the First Circuit · 2003
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. HughesCourt of Appeals for the First Circuit · 2011
- United States v. FloydCourt of Appeals for the First Circuit · 2014
- United States v. GatesCourt of Appeals for the First Circuit · 2013
- Allan Rodgers v. Daniel KnightCourt of Appeals for the Eighth Circuit · 2015
- United States v. Garcia-HernandezCourt of Appeals for the First Circuit · 2011
21 more not listed; retrieve them via the Exa API.