Author Archives: fourth

FL5: CI’s buy (not controlled buy) was probable cause

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AZ: Blood draw in “serious accident” without PC not admissible in a criminal case

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MD: “Four corners” rule does not apply to traffic citations

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CA1: Asking defendant to step out of motel room was not a seizure; even if it was, it was justified by officer safety

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CA1: Consent to search for letters, some composed on computer, permitted search of briefcase and desk as well as computer

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Plaintiff who won his motion to suppress loses on summary judgent in § 1983 case

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Search incident two hours later was still valid

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OR: Detention during a protective sweep was appropriate, but continuing it was not; consent thereafter invalid

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CA10: Defendant consented when told drug dog was coming

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GA: Getting upset when questioned about search is not revoking consent

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CA11: Defendant’s arrest effectively vacated motel room where manager already said he wanted the guest’s guest out too and she left

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Affidavit for search warrant did not support conclusion that evidence of money laundering would be found in some defendant’s homes

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Order for saliva, hair, and blood samples must be based on an affidavit

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WA: State’s failure to show how close defendant was to car was a failure of proof on search incident

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LA4: A stop on the street is [generally] compulsion, but a knock and talk is by consent

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LA5: Plain view when defendant opened door in response to policeman’s knock: plain view supported seizure even if warrant was bad

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OR: Argument inside did not rise to level of emergency for a warrantless entry

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OH3: Landlord has no reasonable expectation of privacy in a zoning violation inside

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CA2: Passenger has REP in his bag in the passenger compartment

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N.D.Ind.: The smaller the place, the more likely the whole place can be swept under Buie

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