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U.S. v. SMITH

Docket No. 17-2446-cr August Term, 2018.

967 F.3d 198 (2020)

UNITED STATES of America, Appellee, v. Kirkland SMITH, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 28, 2020.

Attorney(s) appearing for the Case

Paul D. Silver ( Cyrus P. Rieck , of counsel), Assistant United States Attorneys, for Grant C. Jaquith , United States Attorney, Northern District of New York, Albany, NY, for Appellee.

James P. Egan ( Molly K. Corbett , on the brief), for Lisa A. Peebles , Federal Public Defender, Office of the Federal Public Defender, Albany, NY, for Defendant-Appellant.

Judge KEARSE concurs in a separate opinion.

It is common for the police to temporarily seize a suspect's personal property if they have probable cause and intend to apply for a warrant to search the property for evidence of a crime. When the police do so, however, the Fourth Amendment requires that they act with...

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