Author Archives: fourth

VA: Defendant had right to walk away from approaching officer

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CA2: Dog sniff in yard violated no REP

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CA6: Large drug transactions create nexus to defendant’s house

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M.D.Fla.: No time for anticipatory SW left police with a protective sweep, which was valid

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NY4: Fire scene search by deputy sheriff violated Fourth Amendment

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Binocular surveillance is a legal plain view

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911 caller’s tip assessed when caller met by officer

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CA3: Two hand to hand drug sales five days earlier was RS for detaining car for a dog sniff

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CA11: FTCA claim for malicious prosecution and illegal search stands

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“[T]he Fourth Amendment is not implicated simply because an individual violates state law.”

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CA8: Hand gestures can manifest consent

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CA9: Person stopped does not have to be told he was free to leave for a stop to be consensual

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CA10: One officer’s mistake not insulated under Leon and Evans

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DE finally adopts community caretaking exception

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D.N.J.: Strip search must be on reasonable suspicion

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E.D. N.Y.: Officer did not have to read warrant to be aware of and comply with it

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NYT: SCOTUS moving right? And who might join the Court?

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NYT: “Justices Step Closer to Repeal of Evidence Ruling “

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WaPo: “Deadly Force”

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E.D.Tenn.: Defendant’s belief it was futile to resist search helped show search invalid

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