Author Archives: fourth

Photographing defendant’s face with ultraviolet light shining on it is not a search

b2evALnk.b2WPAutP Continue reading

Comments Off on Photographing defendant’s face with ultraviolet light shining on it is not a search

“Exigent circumstances supporting a warrantless arrest should seldom be found”

b2evALnk.b2WPAutP Continue reading

Comments Off on “Exigent circumstances supporting a warrantless arrest should seldom be found”

Boulder school district agrees to stop searching student cellphones

b2evALnk.b2WPAutP Continue reading

Comments Off on Boulder school district agrees to stop searching student cellphones

Computer searches as 21st Century general warrants

b2evALnk.b2WPAutP Continue reading

Comments Off on Computer searches as 21st Century general warrants

Pulling gun on defendant for parking violation was unreasonable arrest

b2evALnk.b2WPAutP Continue reading

Comments Off on Pulling gun on defendant for parking violation was unreasonable arrest

Feds plan to DNA test all arrestees, not just convicted defendants

b2evALnk.b2WPAutP Continue reading

Comments Off on Feds plan to DNA test all arrestees, not just convicted defendants

Consent to search premises normally does not include persons of guests, but here, officer feared a gun, so she could search a guest’s handbag

b2evALnk.b2WPAutP Continue reading

Comments Off on Consent to search premises normally does not include persons of guests, but here, officer feared a gun, so she could search a guest’s handbag

Circumstantial probable cause was sufficient in child porn case

b2evALnk.b2WPAutP Continue reading

Comments Off on Circumstantial probable cause was sufficient in child porn case

Violation of Georgia implied consent law required suppression even if Constitutions did not

b2evALnk.b2WPAutP Continue reading

Comments Off on Violation of Georgia implied consent law required suppression even if Constitutions did not

4th Cir.: Officers acted reasonably in taking from and keeping guns of plaintiff who threatened violence against others as a part of his own suicide

b2evALnk.b2WPAutP Continue reading

Comments Off on 4th Cir.: Officers acted reasonably in taking from and keeping guns of plaintiff who threatened violence against others as a part of his own suicide

Content of 911 call itself can form basis of knowledge

b2evALnk.b2WPAutP Continue reading

Comments Off on Content of 911 call itself can form basis of knowledge

Witness found from illegal search not suppressed under Ceccolini

b2evALnk.b2WPAutP Continue reading

Comments Off on Witness found from illegal search not suppressed under Ceccolini

Plaintiff’s acquittal in criminal case still defeated her civil action for false arrest because of existence of probable cause

b2evALnk.b2WPAutP Continue reading

Comments Off on Plaintiff’s acquittal in criminal case still defeated her civil action for false arrest because of existence of probable cause

Excessive force claim not precluded by guilty plea to battery on an officer

b2evALnk.b2WPAutP Continue reading

Comments Off on Excessive force claim not precluded by guilty plea to battery on an officer

Reasonable suspicion can be based on public intoxication

b2evALnk.b2WPAutP Continue reading

Comments Off on Reasonable suspicion can be based on public intoxication

Criminal diversion bars civil action under Heck

b2evALnk.b2WPAutP Continue reading

Comments Off on Criminal diversion bars civil action under Heck

NM commerical truck inspection is constitutionally valid

b2evALnk.b2WPAutP Continue reading

Comments Off on NM commerical truck inspection is constitutionally valid

Attorney-client and work product privilege to seized materials must be promptly asserted or it is waived

b2evALnk.b2WPAutP Continue reading

Comments Off on Attorney-client and work product privilege to seized materials must be promptly asserted or it is waived

FedEx’s Oakland hub is functional equivalent of border for overseas shipments

b2evALnk.b2WPAutP Continue reading

Comments Off on FedEx’s Oakland hub is functional equivalent of border for overseas shipments

Stop was justified, but it did not evolve into justification for a frisk

b2evALnk.b2WPAutP Continue reading

Comments Off on Stop was justified, but it did not evolve into justification for a frisk