Author Archives: fourth

MS: Fire scene search is exigency and plain view

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DE: Arrest of bystander to drug operation was without factual basis

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Merely being outside a house being searched under a warrant does not justify a patdown

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S.D. Ind.: Indiana convicted sex offender computer search law unconstitutional under Fourth Amendment

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Cal.1st: Military search authorization by base commander was sufficient for civilian court

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OR: Stalling decision to give a ticket to keep conversation going unlawfully extended the stop

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Consent “protective sweep” for weapons led to validly finding marijuana in a backpack

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Search incident may precede formal arrest

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Search of computer harddrive need only be within a reasonable time after seizure

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WA: Search incident of defendant’s purse was justified by her arrest for refusal to get out of truck

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CA9: Defendant was not detained when he refused to stop for officer; defendant’s threat to “kick your fuckin ass” led to real stop

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IL: Direction to driver to roll up windows and turn on fan to facilitate a dog sniff was not unreasonable

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Truck mudflap violation justified stop

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Insurance policy’s exclusion for governmental action prevented coverage for damage caused during execution of SW

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State search warrant is evaluated for PC by state crime and Fourth Amendment

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D.Mass.: All confederates were accounted for, protective sweep was unreasonable

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Alabama gets one wrong and one right

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SI of cellphone justified by risk of incoming calls altering the incoming call log

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Rep. Jefferson’s search: Photograph of documents a search, but permitted by independent source

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Wife’s private search was complete, so police could not exceed it

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