Author Archives: fourth

D.Utah: No RS; every highway in Utah is now a drug pipleline, based on arguments in prior cases

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M.D. Pa.: No Fourth Amendment protection against a wired CI in defendant’s home

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Kopbusters.com catches illegal police raid for grow operation, of Christmas tree seedlings

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ND: Community caretaking function cannot apply to houses, but emergency exception does

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Bypass of person asserting control to obtain consent from someone else made consent invalid

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N.J.: Defendant’s employer could consent to a search of company computer with defendant’s personal files on it

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MI: Dog sniff at the door of a home does not violate Fourth Amendment, and a conflict is created with FL

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PA: Telling defendant he was free to go not determinative; continuation of questioning was unreasonable expectation of the stop

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TX: Barely crossing centerline with no other traffic around not cause for stop

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VA: Request to do a patdown is a seizure

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MT: Leaving something in trash can in place defendant visited as a guest was abandonment

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MT: Informant’s consent to record defendant in private place violated MT Constitution

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MA: Search incident 30+ minutes after arrest was not contemporaneous under Chimel and Belton

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“Well trained” drug dog element for a valid dog sniff can be supported by the affidavit for a search warrant

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Entry into bedroom by officer in house by consent was justified under SI doctrine

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DE: Gunshot and scream from inside was exigent circumstance for warrantless entry

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Clan lab’s risk of explosion is per se exigent circumstances

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Abandonment on seeing the police was not caused by a stop that had not yet occurred

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Seizure of all computer files for off-site search is not per se unreasonable

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N.D.Ill.: Police shooting of bystander not a Fourth or due process claim, except for the “shocks the conscience” test

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