Author Archives: fourth

E.D.Tenn.: No IAC for not challenging a search with PC

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WA: Leaving known drug house at 3:20 am after 2 minute visit is RS

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Defendant loaned a cellphone for a drug run had no expectation of privacy in the phone’s call directory

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WI: Finding two knives did not end need for patdown

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TX: Burglary call permits police to go to back door when front door not answered

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Condition of probation which authorizes nonconsensual, suspicionless searches is unconstitutional

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CO: Entry by stepping into motel room tainted alleged consent

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E.D. Pa. permits strip search class action to proceed against private jail

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CA1: No REP in a washing machine in a common area

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SCOTUS: Search incident for driving on a suspended license violates Fourth Amendment: Arizona v. Gant; Belton limited like it should be

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CA4: Putting a key into a lock just to see if it fits is reasonable

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NE: Foster homes not pervasively regulated businesses

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D. Minn.: A second stop is not per se a seizure

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4th Cir.: Sending 50 officers to an administrative search states a claim for unreasonableness of conduct of administrative search, an issue for remand

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N.D. Fla.: Officers violated curtilage to get PC for SW

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N.D. Okla.: Claimant has a right to timely return of money seized without evidentiary value

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IL: Use of an old warrant list obviates Herring

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Shining flashlight into car revealing gun after frisk of person standing next to it was valid

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OH6: SW issued without PC, but GFE saved it

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CA11: Under mattress with within “grab area” of man in room

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