Author Archives: fourth

OH5: Arguably pretextual stop was still objectively valid

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Mere typo in affidavit immaterial where address in warrant is correct and the officer was at the correct address

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Furtive movements in car justified officer opening door when he stopped it

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CA4: Blanket suppression of records was unjustified

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Proof of actual ownership for apparent consent is not required.

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CA: Defendant abandoned his motel room in flight from murder

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TN: Execution of warrant before it was issued voids search

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Strip search of SVP in jail appeared pretextual

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Consent to “look for drugs” permitted a dog sniff

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Search of entire residence is permissible under a search warrant even though PC only extended to one occupant

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D.Mass: Reasonable suspicion is lower when the possible crime is more grave

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When IRS satisfies Powell for a subpoena, there is no Fourth Amendment claim

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Democracy Now! arrested in St. Paul at RNC

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Question is whether the officer reasonably believed the defendant consented, not whether the defendant actually understood

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CA8: Right of confrontation does not apply at a suppression hearing

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Scope of consent issue did not need to be reached because officer had PC when touching packages of cocaine

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No reasonable expectation of privacy in a computer left on in a common area

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Guns drawn for fire code violation in St. Paul

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Confession of possession of child porn supported search of probationer’s computer

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Indiana cases

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