Author Archives: fourth

Kan.: SCOTUS consent after stop jurisprudence criticized, but followed; consent found

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Defendant moved out just before the search, so he lacked standing

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Conflict of laws: Seizure governed by law of where it happened, but search governed by law where evidence sought to be admitted

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Mass.: Defendant has no Fourth Amendment right to see search warrant before execution

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Search warrant for “premises” justified cutting holes in wall when there was reason to believe evidence was there

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Consent was validly given after invocation of right to counsel

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Warrant checks during any traffic stop are permissible

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In this “post-Columbine age of increasing school violence”, a frisk of a student for a missing ID was valid

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Strip search at school for drugs was justified under T.L.O.

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Owner of car can consent over objection of bailee

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Plaintiff’s arrest at gunpoint for bank robbery without PC stated claim

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Male officer’s patdown of woman’s groin overcame qualified immunity

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Lima OH police shoot and kill woman holding baby during drug raid

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Ninth Circuit has computer border search case

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“Standing” supposedly not the proper word anymore

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The “movable area of control” for search incident goes where the defendant goes

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Wrongful arrest claim not barred by Heck while ALJ’s DL determination is

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Inventory invalid: mere recital of reasons for inventory says nothing about policy

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Heck‘s fn. 7 does not exempt Fourth Amendment claims in Ninth Circuit

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Shoplifting arrest that left defendant’s car in a shopping center parking lot did not support its impoundment

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