Author Archives: fourth

CA11: 21 day delay in getting SW for computer search was unreasonable; a seizure lawful at its inception can become unreasonable

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N.D. W.Va.: Six week old information in a grow case not stale

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WaPo: “U.S. to Let Immigration Agents Make Drug Arrests”

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CT: Incorporation by reference of the affidavit without attachment is sufficient under Groh

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OH: Crossing white line is RS

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D.Me.: No IAC for not reopening suppression motion for what amounts to a frivolous argument

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D.N.J.: Irreconcilable police testimony shows burden of proof of plain view fails

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IN: Calling pharmacist to determine what pills seen during an inventory were was not a seizure

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All Writs Act permits court order for fingerprints

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IL: Three Terry cases

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E.D.Tenn.: Informant privilege protects audio of controlled buy from discovery where it was only used to get SW and was not a basis for the charge

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CA4: Finding gun justified protective search of car for others

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D.Colo.: Hearing ordered for participation of private parties in a search

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E.D. Mich.: Officer’s statement in SW affidavit that they could see in the apartment from hallway was false, so no PC

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D.D.C.: Probable cause and need shown for DNA sample seeking to connect defendant to violent crime

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MA: Dog sniff of car that ran out of gas was based on RS; it also was not “stopped”

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CA7: Permitting gov’t to reopen suppression issue is discretionary

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OH2 reaffirms a person with an outstanding warrant has no REP from a SI even where stop illegal

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ME: Reduced privacy interest of a parolee justified taking DNA after conviction, adopting totality test rather than special needs

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IN: Mere trespasser had no reasonable expectation of privacy in the property

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