Author Archives: fourth

Cert. granted in a school strip search case

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DNA testing of federal arrestees started Jan. 9th; DNA is taken on fingerprinting

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CA9 (en banc): School strip search for ibuprofen clearly violated the Fourth Amendment so no qualified immunity

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OR: Threat to seal house without consent was not coercive

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Cal.1st: Tarp and metal frame structure over a Hummer on a campground has a reasonable expectation of privacy

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Cal.1st: Community caretaking function justification for a stop reserved in California; here, the facts would not justify it even if it were adopted

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CA10: Generalized argument on appeal from denial of motion to suppress not enough to reverse

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CA5: Tip which specified no criminality was insufficient

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FL2: When defendant raises revocation of consent, state bears burden of proof

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Collective knowledge doctrine does not require full knowledge in any one of officers

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CA2: Warrant clause does not protect U.S. citizens abroad, only reasonableness

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OR: No right to possession of seized deer illegally hunted

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D.P.R.: Trying to sideswipe police car in a stolen car justified stop

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SCOTUS: Herring decided today; watch out: if negligent, no exclusion?

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E.D. Cal.: Samson likely will be applied to probationer searches

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S.D.Ohio: Search of house was attenuated from defendant’s arrest on invalid state arrest warrant

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State carries burden to justify a stop and it failed; when the state says “high crime” area, it has to prove that it was, not just state the conclusion

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Wearing a giant pink rabbit suit around a bank justified plaintiff’s detention

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W.D.N.C.: DL roadblock valid

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CA9 en banc affirms Seljan; outgoing packages may be opened and letters inside read

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