Author Archives: fourth

S.D.N.Y.: Strip search in public of arrestee likely unreasonable

b2evALnk.b2WPAutP Continue reading

Comments Off on S.D.N.Y.: Strip search in public of arrestee likely unreasonable

WI: “Bona fide community caretaking function” and subjective basis

b2evALnk.b2WPAutP Continue reading

Comments Off on WI: “Bona fide community caretaking function” and subjective basis

Tuesday postings late; in trial

b2evALnk.b2WPAutP Continue reading

Comments Off on Tuesday postings late; in trial

RapidScan virtual strip search of a prison visitor required hearing on reasonableness

b2evALnk.b2WPAutP Continue reading

Comments Off on RapidScan virtual strip search of a prison visitor required hearing on reasonableness

CA3: Defendant who failed to respond to officers’ show of authority is not seized

b2evALnk.b2WPAutP Continue reading

Comments Off on CA3: Defendant who failed to respond to officers’ show of authority is not seized

N.D.Ill.: Plain feel of crack in the crack during patdown for weapons

b2evALnk.b2WPAutP Continue reading

Comments Off on N.D.Ill.: Plain feel of crack in the crack during patdown for weapons

S.D. Iowa: Jaywalking not RS for a patdown

b2evALnk.b2WPAutP Continue reading

Comments Off on S.D. Iowa: Jaywalking not RS for a patdown

NY: GPS monitoring a vehicle’s movements without exigent circumstances violates state constitution

b2evALnk.b2WPAutP Continue reading

Comments Off on NY: GPS monitoring a vehicle’s movements without exigent circumstances violates state constitution

OH3: Driving wrong way on a one-way street is RS

b2evALnk.b2WPAutP Continue reading

Comments Off on OH3: Driving wrong way on a one-way street is RS

CA5: Prison escapee has no REP in a motel room he is hiding in

b2evALnk.b2WPAutP Continue reading

Comments Off on CA5: Prison escapee has no REP in a motel room he is hiding in

MA: Locked safe in vehicle should not have been opened for inventory

b2evALnk.b2WPAutP Continue reading

Comments Off on MA: Locked safe in vehicle should not have been opened for inventory

D.Kan.: Overnight babysitter had apparent aurthority to permit police entry

b2evALnk.b2WPAutP Continue reading

Comments Off on D.Kan.: Overnight babysitter had apparent aurthority to permit police entry

IN: AL arrest warrant was clearly invalidly issued, and GFE would not be applied under Herring

b2evALnk.b2WPAutP Continue reading

Comments Off on IN: AL arrest warrant was clearly invalidly issued, and GFE would not be applied under Herring

IL: Stop based on air freshener on mirror shown to be mistake of law

b2evALnk.b2WPAutP Continue reading

Comments Off on IL: Stop based on air freshener on mirror shown to be mistake of law

CA9: USPO’s delivery guarantee creates no constitutional possessory interest in a package in transit

b2evALnk.b2WPAutP Continue reading

Comments Off on CA9: USPO’s delivery guarantee creates no constitutional possessory interest in a package in transit

FL3 rejects FL4’s Rabb and holds dog sniff at front door is lawful

b2evALnk.b2WPAutP Continue reading

Comments Off on FL3 rejects FL4’s Rabb and holds dog sniff at front door is lawful

WI: Misdelivered letter opened by police officer at home was not state action

b2evALnk.b2WPAutP Continue reading

Comments Off on WI: Misdelivered letter opened by police officer at home was not state action

WI: SI permitted search of eyeglasses case found below driver’s door after stop

b2evALnk.b2WPAutP Continue reading

Comments Off on WI: SI permitted search of eyeglasses case found below driver’s door after stop

GA: Police could photograph area where they were admitted by consent even though consent to search was denied

b2evALnk.b2WPAutP Continue reading

Comments Off on GA: Police could photograph area where they were admitted by consent even though consent to search was denied

E.D.Tenn.: Reopening suppression hearing on court’s own motion discretionary

b2evALnk.b2WPAutP Continue reading

Comments Off on E.D.Tenn.: Reopening suppression hearing on court’s own motion discretionary