Author Archives: Hall

PA: Conflict of laws: PA law applies as site of crime even though blood draw in NY

Defendant had a DUI accident in Pennsylvania and his blood was drawn at an ER in New York for medical purposes. New York law would exclude the evidence, but Pennsylvania law would not because the doctor-patient privileged doesn’t apply in … Continue reading

Posted in Conflict of laws, Drug or alcohol testing | Comments Off

Law.com: Roberts Is Uneasy About Invasive Police Devices, Gorsuch Has His Back

Law.com: Roberts Is Uneasy About Invasive Police Devices, Gorsuch Has His Back by Marsha Coyle:

Posted in Surveillance technology | Comments Off

NJ: Waiting for a SW isn’t exigency to enter a home, but that wasn’t clearly established in 2008 for § 1983 purposes

In 2008, officers entered and seized plaintiff’s home while waiting for a search warrant. In a § 1983 and N.J. Civil Rights Act case, it was not clearly established at the time that that was unreasonable. He gets qualified immunity, … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off

UPI: Mississippi police kill man while serving warrant at wrong house

UPI: Mississippi police kill man while serving warrant at wrong house by Ray Downs: Close to midnight on Sunday, Southaven, Miss., police arrived at the wrong house to serve an arrest warrant and shot a man dead in his own … Continue reading

Posted in Excessive force | Comments Off

S.D.Ohio: Def’s companion’s frisk showed def he was next, so he was seized, but it was with RS

The frisk of defendant’s companion indicated to him that he was seized, too, and that he’d be frisked before he fled and discarded the gun. Still, there was reasonable suspicion for the seizure, and the motion to suppress the gun … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off

E.D.Ky.: LPN scanner produced warrant for car owner, but driver was wrong gender; with other people in car, officer can assume owner in car

When a license plate scanner alerts on a car that the registered owner has a warrant and the driver is not the same gender as the owner, the officer can assume, for reasonableness or reasonable suspicion purposes, that one of … Continue reading

Posted in Reasonable suspicion | Comments Off

D.Colo.: Full body scan of ADX SHU inmates are reasonable

Submitting Florence ADX SHU inmates to repeated x-ray like body scans inside the prison is not unreasonable. Probable cause is not required since it’s not that invasive. Defendant promised proof they could be harmful, but it wasn’t produced. United States … Continue reading

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D.C.Cir.: Def’s driving car to where it was stopped and searched was “mobile” for automobile exception

Defendant’s car was subject to the automobile exception: probable cause “abounded” at the time of the search and it was mobile because it was driven to the place where it was stopped and searched. Weapons used in a robbery were … Continue reading

Posted in Automobile exception | Comments Off

CA10: Def didn’t submit to police authority until after his furtive movements under the car seat

Police officers pulled into a bar’s parking lot from different directions looking for criminal activity. When they pulled up behind him, defendant did not submit to police authority until after his furtive movements under the seat, where a gun was … Continue reading

Posted in Stop and frisk | Comments Off

AP: Chief Justice Roberts: Technology poses challenge for court

AP: Chief Justice Roberts: Technology poses challenge for court:

Posted in SCOTUS | Comments Off