Author Archives: fourth

SCOTUS: Safford school search violated Fourth Amendment, but qualified immunity applied

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MD: Trial testimony about CI’s information was prejudicial

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E.D.Cal.: Reasonableness standard applies to school seizures of person

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CA5: Fourth Amendment seizure v. Fifth Amendment taking

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CA6: PC explosives in storage building allowed the officers to tell the unit owner to see if he would open it

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E.D.Pa.: Officers with SW “cannot (and are not expected to) know with precision the exact records or kinds of apparatus or instruments of crime that may be found”

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CA11: Probation search of home must be based on RS

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E.D. Cal.: Jail strip searches: group searches and searches of inmates to be released on return from court unreasonable

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WI: Officer could answer cellphone that had been lawfully seized

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WI: Recovery of gun in recent shooting showed nexus for search warrant of house for ammunition

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S.D.N.Y.: SI of a zippered bag at the police station was not contemporaneous with arrest

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D.P.R.: Fourth Amendment applied to counterfeit goods search and seizure made at civil plaintiff’s request and executed by plaintiff’s agents and USM

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7 cases from OH, OH8: No Fourth Amendment or state right to be presented with a search warrant at the time the search starts

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OH8: Obvious trial strategy was to deny ownership of bag, so defense counsel not ineffective for not embracing it and moving to suppress

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Safford strip search case coming soon

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OH2: Shopping bag temporarily left in a motel room that was not defendant’s was not an abandonment

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MA: Leaving bags by side of road was a waiver of any REP

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D.Iowa: Furtive movement five minutes before the patdown still justified it

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Cal.2d: Two parole searches in two days was not shown to be harassing; the officer had reason

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Two cases on REP

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