Author Archives: fourth

$15M for malicious prosecution in murder case

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AP: “Botched Raid Terrorizes Minn. Family” — police raided wrong house

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Texas Tech Law Review articles on consent searches

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TN: Affidavit for search warrant showed no veracity of CI

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Spotlighting defendant and approaching him with questions was a seizure, despite lack of blue lights or verbal commands

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MA: Leaving belongings by side of road when moving and calling another to pick them up was not an abandonment, but it was a relinquishment of a reasonable expectation of privacy

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PA: Passenger may be ordered to remain or get out of a vehicle during a traffic stop

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Officers were qualifiedly immune for entry based on dispossessed live-in girlfriend’s consent

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Computer accessed remotely was not a search because the defendant allowed remote access of child porn

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Unzipping defendant’s jacket during a patdown was reasonable

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“All records” search warrant in Medicaid fraud case was valid

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Where the evidence on consent is equally balanced, the government fails on its burden of proof

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TSA search of shaving kit that revealed cash and made claimant nervous justified further search for safety reasons

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Apparent authority for third party consent must be independently evaluated as to containers

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Officer had reasonable suspicion for detention of passenger as well as driver

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8th Cir.: Reasonable suspicion is all that is required for a thermal imaging warrant under Kyllo

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Defendant’s outstanding warrant for a violent crime justified frisk

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Hot pursuit of man with a gun justified entry

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The fact a vehicle was broken down and not stopped does not alter officer’s ability to order occupants out if safety is an issue

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Hudson becomes absolute: 2d and 9th Cir. weigh in

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