U.S. v. FAGAN

No. 08-1787.

577 F.3d 10 (2009)

UNITED STATES of America, Appellee, v. Maurice J. FAGAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 13, 2009.


Attorney(s) appearing for the Case

Ryan M. Schiff, with whom Salsberg & Schneider was on brief, for appellant.

F. Thompson Reece, Special Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, Anthony E. Fuller and George W. Vien, Assistant United Attorneys, were on brief, for appellee.

Before BOUDIN, SELYA and DYK, Circuit Judges.


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...

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