Author Archives: fourth

Information from one vehicle stop led to another vehicle’s stop

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Request for consent inside after a knock-and-talk is not subject to a higher level of scrutiny

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Evidentiary hearings not required as a matter of course in warrantless search challenges; cryptic motion denied

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Clearly erroneous standard does not apply to review of a USMJ’s R&R

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Suspended DL supported search incident, and probable cause developed for search of door panel

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Samson does not apply to Kansas parole searches, and refusal to consent is not reasonable suspicion

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Misstatements and omissions from affidavit for search warrant precluded summary judgment for defendants in § 1983 case

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“Attentativeness” during search is not proof of constructive possession

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Impoundment policy with unwritten rules unreasonable

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Search incident for arrest for excess window tinting was valid

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Key word search on a computer helps prevent digital rummaging

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Putting traffic detainee in back of police car was investigative technique but without justification

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Consent was the product of interrogation and coerced where defendant started off telling officers she did not want to consent

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Warrant issued under statute later declared unconstitutional would not be suppressed

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Officer had to know that uncorroborated informant tip was insufficient, so good faith exception did not save warrant

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Defendant consented to entry, and officer could not stop him from going to his room because he was free to leave

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Two particularity cases

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Motion to reconsider suppression motion had to be heard when tape of stop was later produced which contradicted officer’s hearing testimony

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There is no difference between a “search” and a “seizure” under community caretaking function

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Crime victim as a citizen informant did not have to be corroborated

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