Author Archives: fourth

Knock-and-talk led to officer smelling a meth lab

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6th Cir. adopts “extended border search” doctrine for somebody who cleared Customs

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9th Cir.: 12 hour standoff ultimately required a warrant under Payton under these facts

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Consent form aided proving voluntariness because it told the defendant he could refuse consent

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Search warrant included downstairs apartment where it was not evident in surveillance and police were otherwise reasonable

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Coming out of a Katrina damaged building with a backpack was probable cause

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Defendant’s wife could consensually record him without violating privilege in Virginia in crime against her daughter

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Ohio and Texas wrongly hold that standing may be raised by the appeals court where the state failed to argue it

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Warrantless penis swabbing for DNA in a sexual assault case was based on exigent circumstances; handcuffing alone was insufficient

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Automobile exception applies even when man with keys is arrested outside of car and it is locked

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A locked and fenced in tractor-trailer was still mobile enough for the vehicle exception because defendant came around it while under surveillance; plus, he had the key

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Search incident of only cellphone’s address book and call history was valid

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Use of a borrowed car for a drug drop lacked any reasonable expectation of privacy

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911 call of man with a gun required a response

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Defendant’s failure to respond to question about whether he had drugs was not cause to search

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Impoundment of vehicle justified its search

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FBI wants everybody’s biometric information

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Resisting conviction not collateral estoppel to excessive force claim

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Criminal case loss of search issue collaterally estops a § 1983 case over same issue

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Update on Customs looking at laptops and cellphones

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