Author Archives: fourth

Orin Kerr commentary on Fernandez on SCOTUSBlog

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SCOTUS: Fernandez v. California: Randolph doesn’t prohibit consent after objector arrested and removed

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M.D.Tenn.: Claim consent form was forged fails without a hearing for lack of proof

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NPR: If You Think You’re Anonymous Online, Think Again

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CA11: Retaining DL doesn’t per se mean a detention

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ABC News: Dash-Cam Video Clears NJ Man in Violent Traffic Stop

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E.D.Ky.: The hapless character with drugs or guns who beats up his wife or girlfriend and she calls the cops ….

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E.D.Pa.: Refusal to remove hands from pockets in late night encounter added to RS

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OH2: A motion to suppress for lack of probable cause does not preserve a scope of search issue

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GA: Search under purported SW suppressed; no SW produced in court, no exceptions apply

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N.D.Cal. Phone number and name particular enough for wiretap warrant

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NE: Jardines doesn’t prevent an officer from coming to the door to make an arrest

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NE: 14 month delay in getting SW for DNA wasn’t stale because DNA still likely to be found

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NE: Probation search condition included looking for knives under state law

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WI: GFE saves search in Mexico even if it was illegal because Mexican officers represented it would be valid

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OR: State couldn’t rely on alternative basis to sustain search where no notice to defense to litigate [Practice Note]

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WA: Officer’s mistake on called-in LPN voided stop

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TN: PC found for breath test despite driver passing six field sobriety tests

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OH2: Flight turned RS into PC

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11th Anniversary of this blog

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