Author Archives: fourth

CA1: Putting defendant in a patrol car during a traffic stop did not necessarily implicate Terry

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CA7: Failure of particularity in warrant but not affidavit does not lead to suppression

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MO: Denial of motion to return property not an appealable order

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Handcuffing after flight was permissible

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CA10: SCOTUS’s view of question of consent in an encounter is likely wrong [oh, it is]

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CA11: 85 day old information was not too stale for this firearms warrant

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“School search” of student’s house for knife was not justified by apparent authority

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Entry into open door after nobody answered was unlawful because of no exigency

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Probationer moving in with boyfriend made boyfriend’s home subject to probation search

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Yoo memo on military searches in wartime in the U.S. now online

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D. Neb.: Suspicionless vehicle searches of prison employees’ cars was reasonable

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E.D. Ky.: Six month old information was not stale in child pornography investigation

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CNN: Texas town accused of shaking down minorities

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D.Md.: Pretextual stop argument sufficient when officer cannot remember the traffic offense he stopped defendant for

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FISCR: Wiretapping without warrant for calls outside US satisfies Fourth Amendment

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LA2: Slightly overlong stop was not unlawful

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MN: Defendant excluded from home by court order had no REP in it

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E.D. Cal.: Computer search protocol permitting searches without regard to file extension name was not unreasonable

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CO: Warrant for taxpreparer for customers using false SSNs violated Fourth Amendment

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No cases received today

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