Author Archives: fourth

Misdescription of vehicle to radio call and other factors was a lack of reasonable suspicion

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Randolph did not prohibit entry to retrieve gun where defendant’s girlfriend feared him coming back

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Exigency under the automobile exception is shown by the vehicle merely being capable of mobility

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W.D. Ky.: Consent form for “other material and records” included a camera and computer

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N.D. Iowa: Consent in violation of Miranda can still be valid

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ID: Requiring juvenile’s parents to submit to drug testing for juvenile’s probation violates Fourth Amendment

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Chicago cops bribe judge for bogus warrant?

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NYT: “You’re Leaving a Digital Trail. What About Privacy?”

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S.D.W.Va.: Protective sweep may occur on entry by consent

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An officer merely stepping out of a police car is not a seizure without more

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D.Conn.: Executing one of four search warrants after 10 p.m. was not intentional disregard of Rule 41

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Informant’s antagonism to defendant not required to be disclosed to magistrate if the facts otherwise show PC

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Officer’s testimony that stop was for failing to signal because taillight was smashed out was contradicted by the operator of where the vehicle was towed and the inventory

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FL: Probation search permits a probation revo but not a new case

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Officer’s 45 minute wait to frisk for “officer safety” was unreasonable on this record

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W.D.Va.: Defendant who has pled guilty and awaiting sentencing may have a warrantless search condition imposed for release

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KY: Pulling down handcuffed defendant’s pants to search for crack felt in a patdown was unreasonable

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Office sharing does not defeat a reasonable expectation of privacy

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Minor interference with property did not state a Fourth Amendment claim

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Good faith exception is akin to “I think, therefore I am”

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