Author Archives: fourth

Refusing to respond to requests for consent is not an express refusal of consent under Randolph

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Anonymous 911 call does not per se permit entry, but here it did

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“All persons” clause in search warrant did not authorize search of person outside on a cellphone

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Oklahoma states it is prepared to not follow Hudson, but it dodges the issue in the case before it

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Defendant abandoned his DNA in semen left on a sheet left after a rape

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LA looted art raid, including LACMA

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Handcuffing too tight without injury not a viable § 1983 claim

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Defendant had an expectation of privacy in a borrowed car

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Arrest warrant permits entry only if there is reasonable cause to believe defendant is home; here, TV and lights were on at 5:45 a.m.

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Prosecutorial immunity for arrest: if no PC, no immunity

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“Threat” to get search warrant was not delivered in a threatening manner, but warrant had already issued

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Maryland explains pretextual stop law

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9th Cir.: DNA testing of nonviolent drug offenders permissible

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MN: Invalid nighttime entry authorization required suppression because the house was occupied, even if defendant was not there

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Defendant’s backyard party at 4 a.m. did not show a reasonable expectation of privacy in the backyard

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Medical marijuana patient entitled to return of unlawfully seized cannabis

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Ohio stretches to apply Hudson to a failure to announce where it did not have to

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Reasonable suspicion was lacking because no factors really suggested the defendant was a suspect

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Search of curtilage for hidden drugs was unreasonable

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Officers lack objective basis for patdown

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