Author Archives: fourth

FL4: Searching for a dead body in a cigarette pack unreasonable; whole premise for entry was a ruse

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GA: No standing in a motel room defendant was merely present in in the past when he left evidence of a murder

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CA11: Atlanta Jail strip search case en banc; reasonable suspicion not always required before going into gen pop

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ID: Forty minute loss of sight of defendant was not hot pursuit

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Paper plate in the back window violated no law, so stop was invalid

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One did not have to have key to have apparent authority

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CA3: Border search of cruise ship cabins requires reasonable suspicion

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NM suppresses despite a finding of lack of deterrence because state constitution requires it

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Remaining silent when police officers at a bus asked about who owned what bags does not constitute an abandonment

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Police aid to a bondsman required that the gun found on entry be suppressed

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IL parolees are in the same position as CA’s in Samson; anonymous tip supported search

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NM: Stop of defendant on bicycle was without individualized suspicion

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NM: Nervousness alone is not reasonable suspicion

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NM: Mall security guards were governed by the Fourth Amendment in their arrest of defendant as performing a police function

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Failing only one part of a field sobriety test did not give probable cause to arrest for DUI

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LA: Unprovoked flight in a high crime area justified stop

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Defendant’s knowledge police were at door dispensed with need to announce

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Exigent circumstances justified SWAT Team entry despite silence from inside

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LA5: Exigent circumstances on arrival continued for hours, so warrantless entry justified

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LA: No expectation of privacy in what could be seen through the garage door of a business

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