Author Archives: fourth

While one affidavit misstated quality of informant, SW was justified under second affidavit

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CA8: No requirement SW name the defendant

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Traffic stop revealing suspended license can lead to search incident

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CA9: Look for parolee did not permit opening drawers

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CA8: Murray‘s second prong cannot be read literally; redacting tainted information still left probable cause

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E.D. Mich: Civil discovery requests do not implicate Fourth Amendment

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IL again: Applying Caballes and Muehler together, inquiring about drugs did not unlawfully extend stop

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OH: IAC claim must consider that defense counsel determined that it was not in defendant’s best interest to pursue suppression motion

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CO: Language barrier to consent being not voluntary is defendant’s burden

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DE: Probation officers must independently evaluate information from police before residence search

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IL: DUI qualifies for hot pursuit under Santana and not Welsh because DUI was jailable

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IL: Hot pursuit: Violation of neighboring state’s hot pursuit law does not mandate exclusion of evidence

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OH8: Odor of marijuana coming from backyard does not negate warrant requirement

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Stone v. Powell bar cannot be avoided by creative Fourteenth Amendment argument of a real Fourth Amendment claim

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Hidden guns can be seized under a search warrant that does not specify them

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NC: Reasonable suspicion is required for a traffic stop

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CT: Arrest in living room permitted SI of nearby kitchen counter 6-8′ away

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SI of passenger compartment can give PC for automobile exception search of trunk

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N.D. Ill.: Strip search of acquitted defendants on release from jail unreasonable

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Seizure of defendant’s house for seven hours to procure new SW was not unreasonable

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