Author Archives: fourth

Error in SW issuance date was mere scrivener’s error; it was timely executed

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FL: Ruse to get DNA sample did not invalidate consent

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IN: Lie to cops justified arrest and SI to arrest

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Housemates had apparent authority to consent to a common area of defendant’s house

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WA: No expectation of privacy in domitory hallway

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D.V.I.: Baggage from St. Croix to JFK may be searched under border search doctrine

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Irony of the Year Award: FBI undercover agent sues for false arrest while working undercover for impersonating an FBI agent

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Protective sweep justified by hearing “flush it!” and seeing part of a gun

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Adjusting waistband in a high crime area at night not reasonable suspicion

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Younger bars injunction in preemptive strike in federal court over state investigation

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IN: Test firing defendant’s gun in inventory and sending it to IBIS was not an unreasonable search

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Car keys could be seized under Terry in a homicide investigation

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Illegal stop and arrest on suspended DL led to invalid inventory

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911 hangup call justifies entry onto the curtilage

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OH4 sanctions uncorroborated anonymous tip

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Ordinary things are burglar tools in the hands of a burglar

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Wildlife poaching checkpoint leaving a national park was valid

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Presence of others justified protective sweep

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OH2: Handcuffing where unnecessary for safety constituted an arrest

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NYPD police shooting drug and alcohol testing policy apparently will survive Skinner; TRO denied

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