Vehicle Search Without Warrant: Illegal in India?

Section 36 of the Excise Ordinance empowers an Excise Officer to make search without a warrant only after having recorded his grounds for believing that an offence under section 43 or 44 has been, or is being, or is likely to be, committed, and that a search warrant cannot be obtained without affording ... services of the police constable to search the house, provided of course that he himself had proper authority to search. .....

2024 Supreme(US)(ca9) 426

and seize the items without a warrant under that doctrine. ... As discussed above, the district court reasoned that “to determine whether the Government’s search exceeded the bounds of the warrant, [it] must ascertain whether the Government conducted a constitutionally proper inventory search.” ... Specifically, the district court concluded that whether the government exceeded the warrant’s scope “hing[ed]” on whether the search it conducted fit within the inventory #....

2024 Supreme(US)(ca10) 77

Salas’s March 31 confession was the fruit of the government’s search of his iPhone and because the search of his iPhone was proper under the inevitable discovery doctrine, Mr. Salas’s confession was not “poisoned.” The district court was correct to deny both of Mr. ... We never held that the two already-seized phones were separate “places”; we simply held that they were not explicitly included in the warrant and, as such, the warrant did not#HL_E....

2023 Supreme(US)(ca1) 104

a search warrant." ... Sheehan contends, as he did below, that the evidence arrayed against him was obtained in violation of these safeguards both because the police exceeded the scope of the first search warrant and because the second search warrant was issued without a sufficient showing of probable cause. ... Here, the first search warrant unmistakably authorized the police to search Sheehan's residence and his ....

2024 Supreme(Online)(CG) 4316

He would further submits that the mandatory provisions with regard to search and seizure were not complied and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. ... 10.2023, a secret information was received that a few persons were illegally transporting contraband in vechicle bearing No. CG 07 BP 3266 and on the basis of the aforesaid information a raid was conducted. ... The aforesaid vehicle was apprehended and on search 2160 Spas Trancen Plus (Tra....

2023 Supreme(Online)(KER) 21269

The main grievance of the petitioner is that there is no proper investigation in Crime No.79 of 2020 by the Kollam East Police Station and a proper investigation is necessary in the case. ... iii) to allow such other writ order or direction which this Hon`ble Court may deem fit and proper in the circumstances of this case in the interest of justice. ... SCENE MAHAZAR PREPARED ON 11.01.2020 Exhibit P6 TRUE COPY OF THE VEHICLE MAHAZAR IN RESPECT OF KL-02-BJ-4177 AND KL-01-BT- 997 ON 09.01.2020 Exhibit P7 TRUE COPY OF THEB REPORT OF THE MOT....

2024 Supreme(US)(ca6) 264

the proper procedure. ... Whipple’s car without a warrant and hold the car for three days, while obtaining a search warrant for the car.” Applying the automobile exception, the magistrate judge recommended that Whipple’s motion to suppress be denied. Whipple objected. ... Whipple’s Cellphone Whipple argues that because law enforcement did not complete the search of his phone within fourteen days of the initial search warrant#HL....

Chhattisgarh

He would further submits that the mandatory provisions with regard to search and seizure were not complied and the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail. 4. ... Case of the prosecution, in brief, is that on 02.10.2023, a secret information was received that a few persons were illegally transporting contraband in vechicle bearing No. CG 07 BP 3266 and on the basis of the aforesaid information a raid was conducted. ... Learned counsel appearing for the State/non....

Where an Excise Inspector, who had not complied with the requirements of section 36 of the Excise Ordinance, in effecting a search without a warrant, was allowed to enter a house without hindrance. ...     Excise Ordinance-Search by Inspector without warrant-Failure to note grounds of belief-Ordinance No. 8 of 1912, s. 36. ... The search, it was alleged, was under section 36 of the Excise Ordinance, which empowers an Excise....

2025 Supreme(US)(ca9) 50

In this case, the officers had probable cause to search for evidence concerning Holcomb’s alleged assault of J.J. in January 2020, but the second warrant authorized them to search for evidence of dominion and control without limitation. ... The magistrate judge agreed and instructed the officers to physically amend the warrant to include the new address before conducting the search. See id. at 1128. The officers disregarded that instruction and proceeded to search the....

2020 0 Supreme(Chh) 150

From the evidence of Sub-Inspector RK Nishad (PW-8) it is established that the appellant was provided information regarding his right to be searched by Magistrate or available Gazetted Officer. As per the version of Dhiraj Gupta (PW-7), he received information in the office and the same was transmitted to the Office of Superintend of Police Ambikaspur which was given to him by Sub-Inspector RK Nishad. This information was given regarding proceedings for search without warrant. From the statement of this witness, it is established that all the provisions of Section 42(2) of ....

2019 0 Supreme(Ker) 666

(iii) where the search is made without a warrant, the Gazetted Officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made; (d) seize or take copies or any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed; (c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any....

2019 0 Supreme(Ker) 656

(ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise; (iii) where the search is made without a warrant, the Gazetted Officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made; (d) seize or take copies or any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed; (c) examine any person and require the production of any r....

2019 0 Supreme(All) 952

The special police officer or the trafficking police officer, as the case may be, making a search under this section shall be accompanied by at least two women police officers, and where any woman or girl removed under sub-section (4) is required to be interrogated by a woman police officer and if no woman police officer is available, the interrogation shall be done only in the presence of a lady member of a recognised welfare institution or organisation. 30. Section 15 of Act provides search without warrant. This Section empowers the special police officer or the trafficki....

Current Civil Cases

Where the search is made without a warrant, the gazetted officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made. (c) Examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act. (d) Seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect o....