Author Archives: fourth

M.D.Fla.: SI of cell phone for driving on a suspended license unreasonable

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GA: Officers’ lack of awareness of a bond search condition did not permit reliance on it by court

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MS: Miranda warning not required before DNA draw

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IN: Officer’s qualification to determine smell of marijuana not shown

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CA2: Franks not violated where officers on SW did not know of fact not disclosed which turned out not to be material

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MD: State failed to show search of bag was required rather than its patdown

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E.D. Wash.: Motor home was subject to temporary seizure under McArthur

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N.S.A. wiretaps “overcollected” domestic calls

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CA2: Amending search warrant to retain a computer longer was valid

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OR: Armed fugitive justified protective sweep of premises where defendant was stopped outside with RS

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LA4: Hot pursuit into home for mere intoxication unreasonable

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LA3: Handcuffing for no reason just to check for warrants is unreasonable

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MN: Driving and PC is enough to justify a warrantless search for BAC

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GA: Locked wooden workplace locker showed a reasonable expectation of privacy

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WA: Bulge under floormat of alleged getaway car could be looked under

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Safford strip search argument April 21st

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KY: Quarles applies under the state constitution

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State trial judge does not have to have CI in front of him to determine credibility

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Trash pulls 3 and 4 weeks before warrant showed ongoing operation, so warrant not stale

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CA5: Probation revo subject to Heck bar

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