Author Archives: fourth

Implied consent to enter by occupant saying defendant was inside and turning to walk in leaving door open

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CA5: Stop of wrong guy was still with reasonable suspicion

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CA7: Threat to get SW is not coercion if there is probable cause

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CA7: Parsing Randolph again: Defendant was elsewhere when he refused

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CA9: Applying Miranda to interrogations in the home

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CA9: SF pre-1/21/04 strip search policy was unconstitutional

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CA5: SI of cellphone failed because there was no PC for arrest

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CA4: Cellphone call to confederate inside created exigency

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Philadephia “live stop search” inventory constitutional

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IN: Consent to enter a hotel room was not consent to search it

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Single room occupancy buildings are not a closely regulated industry

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VI: Independent source doctrine overcame Miranda violation

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VI: Abruptly walking away from a police officer in a high crime area is not reasonable suspicion

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Consent to enter to talk was exceeded by officer looking in bathroom

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Don’t want your ex to consent to a police entry of your place? Change the locks.

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Officer’s knowledge that owner of vehicle has suspended license is cause for stop

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CA5: Statutory requirement to investigate child abuse allegations promptly is not exigent circumstances

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CA8: Unproven informant still gave PC for vehicle search

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CA7 & circuit split: Randolph distinguished; objector arrested and removed and his wife asked for consent

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CA9: Egregious Fourth Amendment violation warrants suppression in deportation case despite Lopez-Mendoza

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