Author Archives: fourth

SCOTUS argument Tuesday: Pearson v. Callahan on scope of consent

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“[A] threat to officer safety is a prerequisite for a search of a vehicle subject to an investigatory detention”

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OH8: Smell of marijuana on the person did not justify an entry

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No expectation of privacy in a motel register from the police

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In a Franks challenge, the affidavit is the key, not necessarily the investigation

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Officer’s assistance of doctor in forced catheterization was entitled to qualified immunity

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NSA routinely spied on calls by Americans back to U.S.

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Yesterday’s SCOTUS oral arguments

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“[A] laptop computer is as likely a place to find photographs as a photo album” under a search warrant

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OH8: Opening aerosol can in trunk exceeded inventory search

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IL: Suppressed evidence in another case could be used in sentencing

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OH5: Driver of rental car not on the contract still had standing

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OH5: Stand off not an illegal seizure

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Unkempt yard in a high crime area is not exigent circumstance

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D.Ariz.: In a CP case, Internet access can be limited and computers searched as a condition of pretrial release

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Leased premises not abandoned because girlfriend still had legal connection to the premises

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DUI checkpoint on entrance to military base was valid

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Driving too slow on a military base is not RS

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Being Tasered is a seizure

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Strip search of wrong man with same name as wanted person stated claim

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