Author Archives: fourth

Search incident of backpack was valid even though defendant was handcuffed in back of police car

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Meth cook was exigent circumstance when the kids started coming home

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AZ holds that a search warrant was required for removal of a baggie from the defendant’s rectum during a jail strip search while 8th Cir. grants qualified immunity for warrantless strip search

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Baggie protruding from defendant’s pocket plus a drug related prior record is not probable cause

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Wyoming rejects a search incident as a matter of course for a suspended DL arrest

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Defendant’s own testimony established standing; court reminds Government of Simmons, for some reason

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Protective sweep was unjustified after arrest outside

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Known ambiguity in particularity clause voided search warrant

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Framing § 2254 Fourth Amendment claim as “actual innocence” claim fails

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Jail call earns defendant maximum sentence for its “inhumanity”

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Ability to stop and order defendant into police car did not translate into power to frisk

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“Smoked cover” on license plate is a basis for a stop

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Obtaining DNA by ruse was not unreasonable / Probation search extends to containers reasonably believed to be controlled by probationer, and those who live with probationers are subject to the same risk of being searched

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E.D. Pa. discusses circuit split on standing of a driver of a car rented by another to challenge a search of the car

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Warrant for drugs on the premises authorized opening a safe found there

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Defendant’s inability to produce a DL led to his arrest for reckless driving and justified an inventory search when his vehicle was towed

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Six month delay in obtaining warrant in child porn cases did not make it stale

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Affidavit for SW that defendant was involved in a drive-by did not give probable cause to believe there were drugs or weapons at home

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It must be Thanksgiving week: No cases of any consequence

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GA: Defense waived argument that no search warrant actually issued by not specifying the issue in the motion to suppress

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