Author Archives: fourth

WY: Warrant check is not a seizure

b2evALnk.b2WPAutP Continue reading

Comments Off on WY: Warrant check is not a seizure

M.D. Fla.: Defendant has to be present and have objected to invoke Randolph

b2evALnk.b2WPAutP Continue reading

Comments Off on M.D. Fla.: Defendant has to be present and have objected to invoke Randolph

N.D. Cal.: A nitpicking Franks challenge failed

b2evALnk.b2WPAutP Continue reading

Comments Off on N.D. Cal.: A nitpicking Franks challenge failed

Misdescription in warrant did not violate Fourth Amendment

b2evALnk.b2WPAutP Continue reading

Comments Off on Misdescription in warrant did not violate Fourth Amendment

IL: Knock-and-talk could go to back door, too, when meth was smelled

b2evALnk.b2WPAutP Continue reading

Comments Off on IL: Knock-and-talk could go to back door, too, when meth was smelled

W.D. Ky.: Removing defendant from vehicle at gunpoint is a seizure

b2evALnk.b2WPAutP Continue reading

Comments Off on W.D. Ky.: Removing defendant from vehicle at gunpoint is a seizure

OR: Excusionary rule not applied in dependency proceeding

b2evALnk.b2WPAutP Continue reading

Comments Off on OR: Excusionary rule not applied in dependency proceeding

OR discusses the objective and subjective components of a stop on the accused

b2evALnk.b2WPAutP Continue reading

Comments Off on OR discusses the objective and subjective components of a stop on the accused

OR: Telling defendant he was free not to consent during illegal stop made consent valid

b2evALnk.b2WPAutP Continue reading

Comments Off on OR: Telling defendant he was free not to consent during illegal stop made consent valid

Report of man inside with a gun permits officers to enter in a protective sweep after he comes out

b2evALnk.b2WPAutP Continue reading

Comments Off on Report of man inside with a gun permits officers to enter in a protective sweep after he comes out

CA5: Officer who organized raid and did not read the search warrant was liable, too

b2evALnk.b2WPAutP Continue reading

Comments Off on CA5: Officer who organized raid and did not read the search warrant was liable, too

OH7: Search incident of purse after handcuffing valid

b2evALnk.b2WPAutP Continue reading

Comments Off on OH7: Search incident of purse after handcuffing valid

Cal.3d: Probationer misrepresenting ID estops contesting probation search

b2evALnk.b2WPAutP Continue reading

Comments Off on Cal.3d: Probationer misrepresenting ID estops contesting probation search

Video shows defendant consented

b2evALnk.b2WPAutP Continue reading

Comments Off on Video shows defendant consented

NY GPS case in the press

b2evALnk.b2WPAutP Continue reading

Comments Off on NY GPS case in the press

MO: Defendant gave consent for officers to enter to look for marijuana pipe; consent was not limited

b2evALnk.b2WPAutP Continue reading

Comments Off on MO: Defendant gave consent for officers to enter to look for marijuana pipe; consent was not limited

NYTimes on Safford strip search case argued April 21

b2evALnk.b2WPAutP Continue reading

Comments Off on NYTimes on Safford strip search case argued April 21

Warrantless GPS monitoring of cars without time limits argued Tuesday

b2evALnk.b2WPAutP Continue reading

Comments Off on Warrantless GPS monitoring of cars without time limits argued Tuesday

OH8: Officer was permitted to retrieve shirt from bedroom for arrested defendant, so drug paraphernalia was in plain view

b2evALnk.b2WPAutP Continue reading

Comments Off on OH8: Officer was permitted to retrieve shirt from bedroom for arrested defendant, so drug paraphernalia was in plain view

S.D.N.Y.: Court ordered search of person on federal supervision without PC was invalid

b2evALnk.b2WPAutP Continue reading

Comments Off on S.D.N.Y.: Court ordered search of person on federal supervision without PC was invalid