Author Archives: fourth

Younger absention bars § 1983 claim over search filed while state criminal case pending

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Arrest outside a building permitted a protective sweep inside

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CA11: Briefly tasering resisting plaintiff after warning was not excessive

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CA11: GFE saved search warrant of house without probable cause

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CA11: Fingerprints can be in plain view for seizure under a search warrant

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CA8: Relationships can create apparent authority for third party consent

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IN: Refuses to adopt minority rule defendant must testify to preserve search issue

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KY: Directing a motorist to move to a police car, expecting compliance, is a seizure

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“SWATting” will get somebody killed because police enter without a warrant

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E.D.Va.: Sole owner of corporation did not per se have standing to challenge search of its offices

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D.Vt.: Private security working with off-duty sheriffs at a concert were not state actors

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Defendant asleep inside had no veto power over consent, and the police did not have to ask him first

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CA6: Fact officers searched place and came up empty handed was not a Franks violation where they had information they missed something

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WV parole agreements are governed by Samson

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FL4: Two men entering bathroom stall apparently to do drugs did not have a reasonable expectation of privacy

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OH12: Issuing magistrate does not have to examine further about CI’s believability

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Shoes can be searched in a search incident

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W.D. Tex.: Religious symbol on dashboard cannot be a factor in a stop under the First Amendment

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§ 1983 claim over probation revo barred by Heck

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Officer properly posed questions to the passenger to dispell his suspicions which led to valid consent

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