Author Archives: fourth

NM: Anhydrous ammonia leak is PC but not exigency to dispense with warrant

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MA: Affidavit for SW for child porn on defendant’s computer failed to show probable cause; presence of adult porn has no bearing on presence of child porn

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E.D. Cal.: Target has a pre-indictment right of access to search warrant materials under Fourth Amendment

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CA11: Warrant was stale but GFE saved it

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OH8: Touching defendant during stop made non consensual

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Missing gun and confederate was exigent circumstance for warrantless entry into defendant’s motel room

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EDNY: Arabic men arrested off a JFK flight on suspicion of terrorism, held four hours, and released survive summary judgment on Bivens claim

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Seeking HIV test created acceptance of risk of disclosure to law enforcement under HIPAA

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Video surveillance of drug premises was not unconstitutional

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ID: Reasonable expectation of privacy found in a camouflaged hooch in a forest; “worthy” v. “unworthy” living quarters argument rejected

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Consent obtained under false claim a search warrant was coming was invalid

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Implied consent law still gives defendant power to refuse, but a comment on refusal is permissible

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Implied consent is valid, and the need for advice as to consequences serves a purpose beyond consent

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Shooting of officer during illegal entry cannot be suppressed

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WA: A passenger is treated as a pedestrian for purposes of asking for an ID

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CA7: 911 call was sufficiently corroborated by observations of details; caller’s name not required

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S.D.Fla.: A violation of ECPA by government is not suppression

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LA3: Not mentioning that CI was defendant’s girlfriend with a revenge motive did not violate Franks

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Consent obtained by threat to arrest if officers were required to get a warrant and then drugs were found was not unlawful

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E.D. N.Y.: Call to fire department is consent to their entry and plain view

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