Author Archives: fourth

Cert. grant: “Consent once removed,” Pearson v. Callahan

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Lie about focus of administrative investigation did not prejudice defendant

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Probation search failed because police couldn’t show the house entered was his home

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Reasonable belief of child abuse = qualified immunity for interference with family

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Civil computer search authorized

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AR: Defective arrest warrant not a bar to prosecution

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Flight was precipitated by unlawful arrest; seizure of abandoned property suppressed

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First search incident valid; second not contemporaneous

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MLB steroid search case (“Balco”) in the 9th Cir.: Massive seizures of documents and computer records for later evaluation is proper; Tamura especially valid in computer age

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NJ: Conditioning search warrant on police determining probable cause after further investigation violated the Fourth Amendment

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Consent to enter to arrest did not permit search of a case under bed / Denial of possession does not open door to refusal to consent

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Bringing defendant back to scene of search did not violate his Fourth Amendment rights; he gave up combination to a safe

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In kidnapping cases, the emergency doctrine permits a search not only for the kidnap victim, but also for evidence that might lead to the victim’s location

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8th Cir. expresses doubt as to “single purpose container” rule

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Merely being “fatigued” after crossing the border into Texas in the summer is not an exigent circumstance for a border search of a house

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Grabbing defendant’s arm and being pulled into motel room on a minor misdemeanor arrest was an unlawful entry

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Defendant’s general consent to search did not include shining a flashlight into his underwear

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Guest of motel room’s renter had standing

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Exigency here was police created; defendant had no way of knowing they were around to make her destroy evidence (which was evident when they entered)

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Border Patrol checkpoints now targeting drugs

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