Author Archives: fourth

IA: Parole agreement permitted suspicionless searches under Samson

b2evALnk.b2WPAutP Continue reading

Comments Off on IA: Parole agreement permitted suspicionless searches under Samson

AZ: Prospective warrant for Western Union records was based on PC that evidence of human and drug smuggling would be found

b2evALnk.b2WPAutP Continue reading

Comments Off on AZ: Prospective warrant for Western Union records was based on PC that evidence of human and drug smuggling would be found

E.D.N.Y.: Money laundering SW did not mention other businesses involved, but recognized that others would be; SW permitted records search of those businesses when they were found

b2evALnk.b2WPAutP Continue reading

Comments Off on E.D.N.Y.: Money laundering SW did not mention other businesses involved, but recognized that others would be; SW permitted records search of those businesses when they were found

D.V.I.: Border search on flight from Atlanta proper

b2evALnk.b2WPAutP Continue reading

Comments Off on D.V.I.: Border search on flight from Atlanta proper

S.D.Tex.: Defendant had standing to challenge search of her own purse; when she was in the police car, SI was improper

b2evALnk.b2WPAutP Continue reading

Comments Off on S.D.Tex.: Defendant had standing to challenge search of her own purse; when she was in the police car, SI was improper

KS: Gant makes state SI statute unconstitutional

b2evALnk.b2WPAutP Continue reading

Comments Off on KS: Gant makes state SI statute unconstitutional

D.Mass.: USMJ does not buy officer’s version of stop

b2evALnk.b2WPAutP Continue reading

Comments Off on D.Mass.: USMJ does not buy officer’s version of stop

CA8: Facility wide strip searches for a smuggled cell phone were unreasonable as to pretrial detainees

b2evALnk.b2WPAutP Continue reading

Comments Off on CA8: Facility wide strip searches for a smuggled cell phone were unreasonable as to pretrial detainees

Dog alert on car did not translate into reason to pat down the driver

b2evALnk.b2WPAutP Continue reading

Comments Off on Dog alert on car did not translate into reason to pat down the driver

D.Del.: Welfare check search for defendant was unreasonable where officers did not find him and then continued into a tackle box for evidence

b2evALnk.b2WPAutP Continue reading

Comments Off on D.Del.: Welfare check search for defendant was unreasonable where officers did not find him and then continued into a tackle box for evidence

CA5: SWAT team cannot conduct administrative search

b2evALnk.b2WPAutP Continue reading

Comments Off on CA5: SWAT team cannot conduct administrative search

D.C.Cir.: DOT regulation requiring observation of urine test to prevent cheater satisfied Fourth Amendment

b2evALnk.b2WPAutP Continue reading

Comments Off on D.C.Cir.: DOT regulation requiring observation of urine test to prevent cheater satisfied Fourth Amendment

CA3: Technical violation of DEA inventory policy did not justify suppression

b2evALnk.b2WPAutP Continue reading

Comments Off on CA3: Technical violation of DEA inventory policy did not justify suppression

D.Mass. on search incident of cell phones

b2evALnk.b2WPAutP Continue reading

Comments Off on D.Mass. on search incident of cell phones

MA: Stop, handcuffing, and removal for a showup not an arrest

b2evALnk.b2WPAutP Continue reading

Comments Off on MA: Stop, handcuffing, and removal for a showup not an arrest

Taking console apart was within scope of general consent

b2evALnk.b2WPAutP Continue reading

Comments Off on Taking console apart was within scope of general consent

CA4: Inventory of vehicle with guns in plain view was proper when defendant found in medical distress and had to go to hospital

b2evALnk.b2WPAutP Continue reading

Comments Off on CA4: Inventory of vehicle with guns in plain view was proper when defendant found in medical distress and had to go to hospital

PA: Reasonable suspicion is required for a stop, not always probable cause

b2evALnk.b2WPAutP Continue reading

Comments Off on PA: Reasonable suspicion is required for a stop, not always probable cause

PA: Exclusionary rule does not apply to dentist disciplinary proceedings

b2evALnk.b2WPAutP Continue reading

Comments Off on PA: Exclusionary rule does not apply to dentist disciplinary proceedings

D.Mass.: Brady violated by prosecutor knowing of impeachment evidence for suppression hearing not disclosed to defense

b2evALnk.b2WPAutP Continue reading

Comments Off on D.Mass.: Brady violated by prosecutor knowing of impeachment evidence for suppression hearing not disclosed to defense