Author Archives: fourth

Consent to enter on a knock and talk is not consent to search

b2evALnk.b2WPAutP Continue reading

Comments Off on Consent to enter on a knock and talk is not consent to search

Traffic stops may be based on reasonable suspicion

b2evALnk.b2WPAutP Continue reading

Comments Off on Traffic stops may be based on reasonable suspicion

CP raid occurs because impending raid accidently leaked to press

b2evALnk.b2WPAutP Continue reading

Comments Off on CP raid occurs because impending raid accidently leaked to press

Officer pointing loaded gun at head of unarmed suspect would be excessive force

b2evALnk.b2WPAutP Continue reading

Comments Off on Officer pointing loaded gun at head of unarmed suspect would be excessive force

WA: Search of defendants’ car because they merely showed up at the scene of execution of a search warrant was without reasonable suspicion and invalid

b2evALnk.b2WPAutP Continue reading

Comments Off on WA: Search of defendants’ car because they merely showed up at the scene of execution of a search warrant was without reasonable suspicion and invalid

GA: Search warrants are for things and places and things can move

b2evALnk.b2WPAutP Continue reading

Comments Off on GA: Search warrants are for things and places and things can move

MA declines to find greater state protection in a school search that produced a gun

b2evALnk.b2WPAutP Continue reading

Comments Off on MA declines to find greater state protection in a school search that produced a gun

Lack of standing could be raised by the state after suppression was denied on the merits and evidence offered at trial

b2evALnk.b2WPAutP Continue reading

Comments Off on Lack of standing could be raised by the state after suppression was denied on the merits and evidence offered at trial

If inventory was already justified, expectation of finding drugs did not make it in bad faith

b2evALnk.b2WPAutP Continue reading

Comments Off on If inventory was already justified, expectation of finding drugs did not make it in bad faith

CA5: Search of defendant’s car based on his nervousness was unjustified

b2evALnk.b2WPAutP Continue reading

Comments Off on CA5: Search of defendant’s car based on his nervousness was unjustified

Seizure of vehicle for forfeiture validly led to inventory

b2evALnk.b2WPAutP Continue reading

Comments Off on Seizure of vehicle for forfeiture validly led to inventory

MT: Screaming woman inside was exigent circumstance

b2evALnk.b2WPAutP Continue reading

Comments Off on MT: Screaming woman inside was exigent circumstance

OK: Exigent circumstances are no longer required for an automobile search

b2evALnk.b2WPAutP Continue reading

Comments Off on OK: Exigent circumstances are no longer required for an automobile search

PA: Need to secure a vehicle for officer safety does not require that the officer actually see a gun

b2evALnk.b2WPAutP Continue reading

Comments Off on PA: Need to secure a vehicle for officer safety does not require that the officer actually see a gun

Expectation of privacy on back porch at 11:30 p.m.

b2evALnk.b2WPAutP Continue reading

Comments Off on Expectation of privacy on back porch at 11:30 p.m.

Seizure occurred when defendant was ordered to put hands on car

b2evALnk.b2WPAutP Continue reading

Comments Off on Seizure occurred when defendant was ordered to put hands on car

Frisk can occur with a traffic citation without arrest

b2evALnk.b2WPAutP Continue reading

Comments Off on Frisk can occur with a traffic citation without arrest

NYS starts RFID driver’s licenses to facilitate border travel. But what else is possible?

b2evALnk.b2WPAutP Continue reading

Comments Off on NYS starts RFID driver’s licenses to facilitate border travel. But what else is possible?

IN: Search incident for driving on a suspended license violated state constitution

b2evALnk.b2WPAutP Continue reading

Comments Off on IN: Search incident for driving on a suspended license violated state constitution

OH12: Officer walking up to an illegally parked car is not a stop

b2evALnk.b2WPAutP Continue reading

Comments Off on OH12: Officer walking up to an illegally parked car is not a stop