Author Archives: fourth

Fugitive had no reasonable expectation of privacy in motel room he was hiding in

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Inventory search without an impoundment was invalid

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“No certain knowledge” of others present needed for protective sweep

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Car in driveway not per se subject to search; PC always required

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Entry onto curtilage was justified by suspected misdemeanor in officers’ presence

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N.J.: Possessory interest sufficient to have standing

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Police created exigency was necessary, so no suppression

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Protective sweep of car permitted even though defendant handcuffed

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Judge allegedly aware of drug activities by representing defendant’s husband 11 years earlier was not shown to be not neutral and detached

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Once DNA evidence is lawfully collected, it can be used for any investigation

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Frisk of car for weapons did not permit a full search

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Exigent circumstances justified taking defendant’s blood without warrant

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Invoking Miranda rights precludes asking for consent

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Apparent hand-to-hand transaction alone from a car not enough for stop, but here there was more

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CA7: Ornelas‘s de novo review is limited to warrantless searches, but not clearly so

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CA6: Video surveillance of school locker rooms was unreasonable

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Prior drug arrests can be a factor in reasonable suspicion; nervousness is not much of one

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Unreasonable deadly force can be unreasonably precipitated by officers

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Alleged medical use did not negate probable cause to search

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Reasonable belief of apparent authority is all that is required when searching for a fugitive, which is a lower threshold

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