Author Archives: fourth

Random computer check that showed defendant’s vehicle uninsured justified stop

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Defendant arrested 30-60′ from car was not a “recent occupant” under Thornton

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Successive prosecution and conviction in state court after federal court granted suppression motion did not warrant habeas relief

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Telephonic search: Failure of officers to have a duplicate warrant after USMJ authorized search was not a prejudicial failure

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Collateral estoppel not applied in § 1983 case although plaintiff lost probable cause issue in state court

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CA8: Stone does not apply to § 2255 proceedings

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Plaintiffs’ being warned of potential entry to clean city property defeated their Fourth Amendment claim

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Defendant’s consent to taking blood and urine was hardly voluntary when he was restrained, weeping, and never signed consent form

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Officer’s reasonable belief defendant was on to their presence was exigent circumstance to enter to prevent destruction of meth

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If warrant invalid, detention of persons during execution likely is, too

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“Four corners” rule does not apply to good faith exception

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“Behaviorial targeting” and privacy?

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Search of premises for a person includes a search of anywhere the person could hide, including a closet

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NY Times: “Surreptitious sampling” of DNA

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Video surveillance of school teachers’ locker rooms was potentially unreasonable

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TN: Absence of a probation search condition fatal to probation search; good faith exception does not apply to warrantless searches

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Giving duffle bags to another for transport is a waiver of expectation of privacy in them

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Civilly committed SVP subject to strip searches under Bell v. Wolfish

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DEA’s use of state officers to make a valid traffic stop as a part of their investigation did not violate the Fourth Amendment

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Phony call sending SWAT team to innocents’ house nets three years

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