Author Archives: fourth

Stone precludes using co-defendant’s suppression hearing on habeas

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Jeff Fisher gets another cert grant: Herring v. U.S.

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“I plead the Fifth” an unequivocal invocation of right to remain silent; habeas writ granted

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Uncorroborated anonymous tip defeated search warrant

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Probable cause to arrest is often different than probable cause to search

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5th Cir.: No right to a pre-search hearing on an OSHA warrant

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EPA underground storage tank search was authorized and constitutional

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Taking a driver’s license is a seizure

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N.H.: Defendant’s denial he lived at place searched was not a waiver of interest; third party consent was void

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Consent to search one’s car is not consent to search her purse for the keys

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An unfinished structure was not a “dwelling” and it did not have the protection of curtilage

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TX: Citizen’s arrest is governed by Texas exclusionary rule; and this one was authorized by exigent circumstances

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Officer’s “stop” of parked car with blue lights was a detention without reasonable suspicion

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Four short “yes” or “no” questions after warning ticket did not unduly extend stop

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Officer yelling “gun” and ordering people to freeze is when stop occurred; dissent finds stop potentially racially motivated

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FAA’s drug testing rule was properly extended to subcontractors of covered maintenance workers; Fourth Amendment not violated

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First two entries in fire scene search were valid, second was to retrieve a camera; third was invalid

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OH: No right of confrontation to bar CI’s hearsay at suppression hearing

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Search condition for supervised release on a financial crime was not an abuse of discretion

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911 dispatcher is included within “collective knowledge” doctrine

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