Author Archives: fourth

Sarcastic comment at airport security about a bomb in suitcase was PC for arrest

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Exigent circumstance for meth lab entry must be more than safety concerns for officers

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Oral disclaimer of ownership during search or premises was not abandonment

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Pretextual stop did not support a motion to suppress

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VA wants to drug test welfare recipients

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NYT’s Greenhouse to retire from SCOTUS beat

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Cert. granted in Arizona v. Gant, a search incident case

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Omissions were shown but they weren’t material under Franks

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E.D. Wis.: Video surveillance of house from across street was not unconstitutional

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Shining light into defendant’s house window because of exigent circumstances was valid

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Defendant revoked consent to computer search, but by then the officers had seen enough to get a search warrant, so inevitable discovery supported admission of the evidence

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Blood draw during hospital stay for investigative purposes was a Fourth Amendment violation

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“Cert. petition to watch”: Arizona v. Gant

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Reasonable suspicion justified search of person on the premises when he hid inside and homeowner consented to search of premises

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Search incident was invalid because the things searched were not shown to be in immediate control, although in the same room

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Stone v. Powell bars relief against probation arrest warrant

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Collateral estoppel did not apply to co-defendant’s appeal

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Actual and apparent authority to consent are separate questions

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Officer’s request to merely open the door is not a seizure

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Defendant’s consent was an act of free will without knowledge of an “excessive” plain view

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