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Reason
Reason
Politics
Orin S. Kerr

SHOCKING: Do arrest warrants have a diligence requirement | Mind Blowing Facts

The Fourth Circuit recently handed down a ruling, United States v. Ordonez-Zometa, that raised a really interesting question: Does the Fourth Amendment require officers to exercise diligence in executing an arrest warrant?  That is, if there's an arrest warrant out for a person, are officers required to make the arrest when they can, or soon after that?  And if they can delay making the arrest, how long a delay is allowed?

What makes this particularly interesting to me is that I went in thinking there was no such diligence requirement; the Fourth Circuit said there is such a requirement; but when I looked back into the history of the caselaw, I tended to think the Fourth Circuit's diligence requirement may just be a vestige of long-overturned caselaw that no one realized is now obsolete.

Here are the details, for the law nerds interested in the puzzle to be solved here.

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