Author Archives: fourth

Consent after threat to get warrant would be invalid if threat was baseless

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Sexually oriented business inspection process subjected to as applied analysis to save it; it permitted potentially unconstitutional inspections

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Flight from ATM machine was reasonable suspicion when officer pulled up

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Fourth Amendment no application in international extraditions

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Expectation of privacy in cellphone data, but search was consented to

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Particularity failure is same as no warrant at all, and Hudson will not save it

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Juvenile adjudications can support taking DNA for CODIS

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Knock-and-talk with three questioning officers was inherently coercive

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Police officer’s entry into his own mother’s home was private entry or by ongoing consent

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Typo in apartment number cured by asking complex manager

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Plain feel justified removal of baggie from pants

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Arresting defendant at his door and removing him did not permit search incident of house; Thornton does not apply to homes

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WA bright line rule on search incident of car barred search of this car where defendant locked it and sat on curb

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WA: “No Trespassing” sign and distance from nearest road created an expectation of privacy under state law

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Bus encounters of the third kind: consensual with an immigration officer standing over you

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Smell of marijuana justified search, despite what officer said

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WY: Arrest for violation of an order of protection permitted a search incident

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Radio call to check driver’s license is a stop

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Autopsy results would not be suppressed as the product of an allegedly unlawful search, which it was not

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Defendant is obligated to point out in his motion the search and seizure violation he claims

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