Author Archives: fourth

False statement in affidavit that gun would be found did not prevent a plain view of gun during execution of warrant

b2evALnk.b2WPAutP Continue reading

Comments Off on False statement in affidavit that gun would be found did not prevent a plain view of gun during execution of warrant

Cal.2d: Arrest of bystander to possession of MJ was unreasonable

b2evALnk.b2WPAutP Continue reading

Comments Off on Cal.2d: Arrest of bystander to possession of MJ was unreasonable

After acquired information may nullify a stop at that point, but not retroactively if there is cause

b2evALnk.b2WPAutP Continue reading

Comments Off on After acquired information may nullify a stop at that point, but not retroactively if there is cause

“Please, go ahead” is consent

b2evALnk.b2WPAutP Continue reading

Comments Off on “Please, go ahead” is consent

No apparent authority where mother had no key to padlocked closet

b2evALnk.b2WPAutP Continue reading

Comments Off on No apparent authority where mother had no key to padlocked closet

Going to bathroom conditioned on consent to search was invalid

b2evALnk.b2WPAutP Continue reading

Comments Off on Going to bathroom conditioned on consent to search was invalid

Consent to search for a person did not permit seizure of baggie in a shoe in a closet as plain view

b2evALnk.b2WPAutP Continue reading

Comments Off on Consent to search for a person did not permit seizure of baggie in a shoe in a closet as plain view

Dog sniff of storage unit was valid

b2evALnk.b2WPAutP Continue reading

Comments Off on Dog sniff of storage unit was valid

W.D. Tex.: Protecting informant justified not unsealing SW materials at request of press

b2evALnk.b2WPAutP Continue reading

Comments Off on W.D. Tex.: Protecting informant justified not unsealing SW materials at request of press

CA2: No PC as to a mere bystander to a drug deal

b2evALnk.b2WPAutP Continue reading

Comments Off on CA2: No PC as to a mere bystander to a drug deal

S.D.N.Y.: Can’t tell whether Samson applies to NY parole searches

b2evALnk.b2WPAutP Continue reading

Comments Off on S.D.N.Y.: Can’t tell whether Samson applies to NY parole searches

Article: “Does the Fourth Amendment Follow the Flag?”

b2evALnk.b2WPAutP Continue reading

Comments Off on Article: “Does the Fourth Amendment Follow the Flag?”

OH7: Practice of patting down everybody getting in patrol car for a ticket was unreasonable without articulable suspicion

b2evALnk.b2WPAutP Continue reading

Comments Off on OH7: Practice of patting down everybody getting in patrol car for a ticket was unreasonable without articulable suspicion

S.D. Ill.: Drop-in social guest had no standing

b2evALnk.b2WPAutP Continue reading

Comments Off on S.D. Ill.: Drop-in social guest had no standing

CA4: No REP in an unauthorized driver of rental car

b2evALnk.b2WPAutP Continue reading

Comments Off on CA4: No REP in an unauthorized driver of rental car

No apparent authority over a shoe box

b2evALnk.b2WPAutP Continue reading

Comments Off on No apparent authority over a shoe box

D.N.J.: Search claim not barred by Heck barred by SOL under Wallace

b2evALnk.b2WPAutP Continue reading

Comments Off on D.N.J.: Search claim not barred by Heck barred by SOL under Wallace

OH2: Defendant consented to a show up

b2evALnk.b2WPAutP Continue reading

Comments Off on OH2: Defendant consented to a show up

Search of passenger’s purse incident to driver’s PV arrest invalid

b2evALnk.b2WPAutP Continue reading

Comments Off on Search of passenger’s purse incident to driver’s PV arrest invalid

SI produces print out: “How To Commit Armed Robbery In Six Easy Steps”

b2evALnk.b2WPAutP Continue reading

Comments Off on SI produces print out: “How To Commit Armed Robbery In Six Easy Steps”