Author Archives: fourth

D.Mass.: Communal living can create an expectation of privacy

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No REP in work computer with a warning banner of no privacy

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CA2: Initial fire scene entry with police into a grow operation was reasonable

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Cal. 2d: Search incident of cellphone for text messages 90 minutes after arrest was valid

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CA10: Erratic driving is enough reasonable suspicion for a stop and a field sobriety test

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E.D. Ark.: Hudson essentially means knock-and-announce violation is irrelevant

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CA4: Defendant free to go when officer asked more questions; stop not unreasonably extended

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Guests had no standing in a hidden compartment in house they were visiting

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OH4: Catheterized defendant did not abandon his urine

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Affidavit for search warrant did not reveal target and there was no showing that the issuing magistrate could tell it was the person he knew

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Arrest warrant for probationer gave authority to enter to look, despite defendant’s claims probationer had moved

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WI: Search incident to a citation invalid

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Corroboration of statements against penal interest saved warrant where no showing of basis of knowledge

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Arrest in home was without exigent circumstances or warrant and violated Payton

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Record supported abandonment of motel room on checkout day

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Knowledge of computer passwords is apparent authority

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Anonymous caller was corroborated by 911 caller who could be held accountable for false information, even though name not left

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Government’s claim of consent fails because it was an unjustified inventory; officer’s own reports belied consent

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Failure to object to a search helps show it was by consent

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Airplane was subject of a stop on reasonable suspicion

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