Author Archives: fourth

CA4: Rehearing denied in Hunsberger with better explanation

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M.D.Pa.: “Dog breeding is a pervasively regulated activity”

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E.D.Mich.: “Electronic data” in a SW permitted seizure of a computer

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NYT: “Officers’ New Tool Against D.W.I.: Syringe”

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CA9: Forced taking of DNA from a suspect violated clearly established Fourth Amendment rights

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N.D.Fla.: GFE applied to pre-Gant search

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F.R.Crim.P. 41 amendments effective Dec. 1

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CA10 finds GFE to Gant

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It is 09:09:09 am CDT on 09/09/09

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N.D. Iowa: Accidental accessing of child porn when attempting to turn off cellphone on booking was [reluctantly] a plain view

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IA: Steagald did not bind state on raising standing on appeal where state made no assertions concerning its position on standing in trial court

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ID: Defendant’s appearance and demeanor was RS

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ID: Probationer’s borrowed car is subject to search without warrant

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Defendant’s disclaiming interest in the premises was a lack of expectation of privacy

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ID: Exigent circumstance was not apparent, but apparent authority for consent was

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Exclusionary rule serves no purpose where defendant accused of assaulting officer during illegal search

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CA11: SW for guns permitted entry into a safe large enough to hold one

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Ybarra does not fit to prevent a patdown during a house search

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CA11: Bahamian wiretap not subject to Fourth Amendment

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NC: Expired tag justifies a search incident

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