Author Archives: fourth

W.D. Tenn.: Handcuffing during a stop is not necessarily unreasonable

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Cal.4: Getting a look at envelopes at a mail drop did not involve a reasonable expectation of privacy

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OH8: No “plain feel” in a lump in the pocket

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CA8: Inability to easily read paper transit plate was RS

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CA9: Warrantless entry to arrest plaintiff for DWI clearly violated Payton

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CA6: “A criminal may assert a violation of the Fourth Amendment just as well as a saint.”

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CA7: Witness ID was attenuated and not subject to exclusionary rule

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Partially sealed warrant application to protect name of informant could not be kept by police department because it was a judicial record

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S.D.N.Y.: History of Rule 41(g) shows motions for return of property is no longer intended for suppression

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CA7: Unavailable witness does not enable reopening suppression hearing on post-conviction under Stone

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E.D.Pa.:Search of vehicle in a fraud case was proper, but parts of the search exceeded the PC

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CA11: Proof of ongoing drug deals and possession overcame staleness challenge

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E.D.Tenn.: No key to a locked cabinet was not common authority to consent to a search

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W.D.Ky.: Defendant had REP in his work computer, but employer could consent

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D.Idaho: The REP in brother’s bedroom where gun was hidden

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S.D.Ind.: Strip search for small quantity of marijuana was unreasonable

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D.Kan.: Defendant who borrowed a car failed to show standing

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Update: Border searches of laptops and electronic media

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D.N.M.: Arrest of man without any reasonable suspicion or PC for carrying a gun in a move theater in a holster was unreasonable under the Fourth Amendment

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FL2: Hudson not followed for knock-and-announce violation

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