Author Archives: fourth

CA3: Mistaken stop not unconstitutional when defendant provides false ID

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CA3: Bloody man and blood trail into motel room were exigent circumstances for entry

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OH11: Judicial intergrity justifies exclusion; warrantless entry for noise complaint was unjustified

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Single hand-to-hand transaction on the street not probable cause of anything

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CA10: Possession of unlawful firearms is a continuing offense, so staleness is more flexible

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Patdown was justified by defendant shoving hands in pants, and plain feel revealed drugs

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The fact defendant had assaulted the one with apparent authority and she called the police supports finding of consent

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Cal.5th: Police officer could pose as a home buyer and enter with real estate agent as long as officer does not exceed that consent

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WA: Search warrant not automatic defense to trespass action

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TN: Anonymous driver’s signals about defendant were not reasonable suspicion

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TN: Overpowering smell of a meth lab created exigent circumstances

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FL1 distinguishes FL4’s Rabb on dog sniffs outside the door

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Postal employees consent to searches at work

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ND: Administrative warrant sanctioned by court was not an appealable final order

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Randolph does not give a potential defendant veto power over a search where he has to be asked first

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CA7: Jurisdictional limits of Rule 41(b) is not a constitutional mandate

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Muehler v. Mena does not permit a law enforcement officer to extend a stop to ask questions of a passenger

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Dissipation of alcohol is exigent circumstance for blood draw in vehicular homicide case

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Telling motorist to roll down window is a seizure

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Search incident of a closet near defendant was valid

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