Author Archives: fourth

Recording of defendant’s statement showed it was all by consent

b2evALnk.b2WPAutP Continue reading

Comments Off on Recording of defendant’s statement showed it was all by consent

The press showed up during the search and were permitted limited access, but that is no ground to suppress

b2evALnk.b2WPAutP Continue reading

Comments Off on The press showed up during the search and were permitted limited access, but that is no ground to suppress

Virginia v. Moore oral argument transcript available

b2evALnk.b2WPAutP Continue reading

Comments Off on Virginia v. Moore oral argument transcript available

Virginia v. Moore argued Monday in SCOTUS

b2evALnk.b2WPAutP Continue reading

Comments Off on Virginia v. Moore argued Monday in SCOTUS

Search of room 15′ away from arrest was outside scope of search incident

b2evALnk.b2WPAutP Continue reading

Comments Off on Search of room 15′ away from arrest was outside scope of search incident

Guest sleeping in a camper had standing

b2evALnk.b2WPAutP Continue reading

Comments Off on Guest sleeping in a camper had standing

Reasonable retention of property pending forfeiture is not a separate seizure

b2evALnk.b2WPAutP Continue reading

Comments Off on Reasonable retention of property pending forfeiture is not a separate seizure

Consent to “look around” after inquiry about guns in house was reasonably understood to be consent to look for guns

b2evALnk.b2WPAutP Continue reading

Comments Off on Consent to “look around” after inquiry about guns in house was reasonably understood to be consent to look for guns

Plaintiffs had no standing to sue over disclosure of SWIFT financial transactions to government

b2evALnk.b2WPAutP Continue reading

Comments Off on Plaintiffs had no standing to sue over disclosure of SWIFT financial transactions to government

Warrant for trace evidence in a murder suspect’s car was reasonable; trial court’s hypertechnical analysis of particularity was inappropriate

b2evALnk.b2WPAutP Continue reading

Comments Off on Warrant for trace evidence in a murder suspect’s car was reasonable; trial court’s hypertechnical analysis of particularity was inappropriate

Defendant’s arrest and removal was not shown to avoid his consent

b2evALnk.b2WPAutP Continue reading

Comments Off on Defendant’s arrest and removal was not shown to avoid his consent

Defendant succeeds in a Franks challenge in Mississippi

b2evALnk.b2WPAutP Continue reading

Comments Off on Defendant succeeds in a Franks challenge in Mississippi

Single expert’s hypothesis on unreasonable deadly force did not overcome all the deposition evidence to contrary

b2evALnk.b2WPAutP Continue reading

Comments Off on Single expert’s hypothesis on unreasonable deadly force did not overcome all the deposition evidence to contrary

Entry into Tampa Buccaneers football games was implied consent for patdown

b2evALnk.b2WPAutP Continue reading

Comments Off on Entry into Tampa Buccaneers football games was implied consent for patdown

Missing address in search warrant cured by attached affidavit

b2evALnk.b2WPAutP Continue reading

Comments Off on Missing address in search warrant cured by attached affidavit

Accidentally post-dated warrant was still valid

b2evALnk.b2WPAutP Continue reading

Comments Off on Accidentally post-dated warrant was still valid

Parole search of defendant’s house while he was in jail was valid

b2evALnk.b2WPAutP Continue reading

Comments Off on Parole search of defendant’s house while he was in jail was valid

CA4: Odor of gasoline around an apartment complex led to a valid emergency entry by the fire marshal who found a crude bomb

b2evALnk.b2WPAutP Continue reading

Comments Off on CA4: Odor of gasoline around an apartment complex led to a valid emergency entry by the fire marshal who found a crude bomb

Odor of burnt marijuana from passenger compartment permitted search of trunk

b2evALnk.b2WPAutP Continue reading

Comments Off on Odor of burnt marijuana from passenger compartment permitted search of trunk

Conclusory allegations of probable cause with corroboration of innocent details was not enough for good faith exception

b2evALnk.b2WPAutP Continue reading

Comments Off on Conclusory allegations of probable cause with corroboration of innocent details was not enough for good faith exception