Author Archives: fourth

CA11: Customs detention of a suspected alimentary canal smuggler for nearly a day was with reasonable suspicion even though nothing was found

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CA8: Tasering motorist was not objectively reasonable as a matter of law

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D.Idaho: No IAC for not forecasting Gant, even if it would have applied, which isn’t obvious

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M.D.Fla.: Coming out of a house under surveillance was not RS; officers had utterly no facts of wrongdoing by anybody

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TX3: Two trash searches were more likely of defendant’s stuff than one search

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D.S.C.: Officer making stop on reasonable suspicion defendant was in a drug deal could ask about guns

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UT: Record failed to show grounds for drug testing of juvenile’s parents in delinquency proceeding

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Misdescription of address of rural property was not material where the building was clearly described

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RI: Photos on digital camera from work showed nexus for SW for defendant’s house for similar pictures

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N.D.Iowa: Recent drug transactions justified stop and felony arrest

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Police search of computer exceeded private search

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CA8: Joins other circuits holding P2P file sharing is a waiver of expectation of privacy in a computer

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M.D. Pa.: Warrant for documents justified seizure of computer found at scene

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S.D.W.Va.: NCIC report was too vague to support arrest, and the exclusionary rule had to apply because officers were reckless under Herring

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One has standing to challenge his own patdown, even if he does not have standing in the place searched

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CA9: Anti-hunting checkpoint at entrance to national park was valid

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CA7 affirms conviction for civil rights violation for racially motived searches by off-duty officers

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WA: Search incident of car that defendant was standing next to was invalid; not a “recent occupant” and warrant was for FTA

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E.D.Cal.: DNA sampling after indictment is constitutional under “special needs”

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CA8: Removing defendant’s bag from Greyhound bus was a seizure

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