Author Archives: fourth

Pastor had a reasonable expectation of privacy in his church office computer

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TX14: Acquittal does not bar forfeiture seizure otherwise with probable cause

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Impoundment of car did not dissipate exigency for search under automobile exception

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TN: Defendant has standing to contest a search of his own person

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Summary judgment denied in emergency search of house where emergency was dispelled

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Pattern of conduct made warrant application not stale

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CT: Shoes could be seized on arrest

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Mere possibility somebody might be inside in need of assistance is not enough; here, nobody said anybody was inside

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Unreadable expiration sticker stop should have ended as soon as officer saw it was valid

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Use of “all” in a warrant does not render it general

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Laptop computer was subject to border search

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D. Kan.: Probable cause alone is not enough for inevitable discovery

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Code enforcement officers entering apartment building to investigate claims electric meters were unsafely bypassed did not violate Fourth Amendment

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CA3: Waiver of search claim should be strictly applied

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CA9: Installing peer-to-peer software on one’s computer is a waiver of any expectation of privacy in the computer

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CA9: Plaintiff’s arrest for being on No-Fly list stated claim for person who directed it

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CA6: Whether Payton‘s “reason to believe” standard is different than probable cause did not have to be decided where there was no cause

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FL5: Reasonable mistake of fact doesn’t void stop

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GA: Miranda violation does mean that physical evidence found from it should be suppressed if the statement is voluntary

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CA9: Computer search probation condition for child porn offense was reasonable

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