Author Archives: fourth

ID: Hot pursuit justified entry into home of a DUI suspect who refused to stop on command

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CA5: Defendant did not waive suppression issue where he did not have all the facts on it until trial

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CA11: Officer can ask DUI detainee about gun without Mirandizing him

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CADC: General crime control neighborhood roadblocks unconstitutional under Edmond

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IL: Passenger not being arrested twice told he could leave stuck around and incriminated himself

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IL: Probation agreement permitted suspicionless computer searches

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D.P.R.: SW for seizure of digital media in child porn case was constitutionally particular

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W.D.Va.: Use of carpenter’s scope to look in a locked trailer was an unreasonable search

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N.D. Cal. sets standards for strip searches in the field

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W.D.N.Y.: Defendant carries burden of going forward on warrantless search, but government has burden of proof

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NC: Officers imposing on defendant that she submit to searches made it all unreasonable

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SCOTUS grants cert in privacy in work text messages case: City of Ontario v. Quon

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OH7: Motion to suppress that overalleged every conceivable ground was properly denied without a hearing

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Law Review article on RFID

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Fourth Amendment news

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N.D.W.Va.: SI of defendant’s car valid under Gant even though defendant was put in police car; PC existed, and he had to be put in police car because of his own actions

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CA7: Use of a gun during execution of a warrant without justification for nonviolent crime was unreasonable

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D.Neb.: Seizure of defendant’s bag off a bus was seizure of the person without reasonable suspicion

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OH9: “The stronger an officer’s suspicion, the longer a detention can be before it becomes unreasonable.”

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M.D.Ga.: School strip search over stolen iPod states a claim

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