Author Archives: fourth

VT: Helicopter surveillance of a marijuana patch as low as 100′ violated state constitution

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NM reaffirms that its SI rule does not follow federal rule

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NM: Failure to cite and argue state constitution in trial court waived it

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FL-1: Ruse for 3 a.m. knock-and-talk did not make consent involuntary

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D.Utah: Nexus did not have to be determined where there was a substantial basis for issung the warrant under the GFE

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E.D. Va.: Stop of a car on a road at the edge of an otherwise closed military base justified by the closed nature of the whole base

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TX: Handcuffing permitted under Terry; not per se an arrest

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WI: Arrest in living room did not permit search incident of bedroom

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SD: Low crime rural area activity was reasonable suspicion

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UT: Exclusionary rules does not apply to DL suspension proceedings

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CA5: IAC claim for not challenging alleged consent search merits a hearing

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CA7: Defense counsel not filing a more elaborate motion to suppress hardly IAC where defendant could not win

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MT: Conversations over commercially available hand held radios that were monitored by police had no reasonable expectation of privacy

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OR: Confronting person leaving drug house was a stop without RS

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WI: A car parked on the shoulder of a highway with the flashers on invites a police look

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MO: Self-defense claim rendered search claim harmless at best

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OR: When defendant shows “but for,” burden shifts to state

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TN: Anonymous report did not support detention of occupants of parked car

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IL: Traffic stops, even with PC, are governed by Terry

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CA: Brendlin on remand: Arrest and search incident of passenger was lawful because of attenuation of the taint

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