Author Archives: fourth

Massachusetts suppresses for knock-and-announce violation, never citing Hudson

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WA: State search incident power narrower than Fourth Amendment

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WA: Terry stop cannot be conducted from a parking infraction

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Probable cause from a vehicle is all that is required for a search; no separate exigency inquiry is required

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Consent not coerced just because defendant wants to avoid damage from a search warrant

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Closing bedroom door after consent entry allowed by co-tenant was showing of plaintiff’s reasonable expectation of privacy

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CA 3d Dist.: Defendant cannot lose a suppression motion with a magistrate and use the “certified plea process” to Superior Court; the Superior Court must decide both

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Trial judge’s accusing defendant of perjury at suppression hearing after denying the motion did not require a new suppression hearing even though judge was recused

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Police could rely on a person’s burglary in progress call even when it turned out she was wrong or even an officious interloper

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Utah follows Edwards for first time and allows inventory on book-in and impoundment of a car

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While the affidavit for search warrant could have included more detail, considering deference search warrants get, this one survives

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IN: “Catchall” provision in the warrant made it overbroad

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Convicted sex offender gets injunction against police dept’s proactive efforts to get him to register including home entries and stigmatizing him

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Anonymous tip as to public details did not support finding of probable cause

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Reasonable belief arrestee is inside is enough under Payton and Steagald

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6th Cir. “automatic companion” rule rejected again

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WA: “Child sex” is too vague for a search warrant description

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Availability of telephonic search warrant nullified state’s exigency argument in DUI case for warrantless blood draw

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NC: No need required to test an alleged sex offender for HIV or Hep B

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CT: Officer cannot ask for consent after traffic stop as a matter of course

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