Author Archives: fourth

Fellow officer rule applies to knowledge for protective sweep

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Younger abstention bars civil action over search still under investigation

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Another free link to opinions provided: LexisONE

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Boston gun search program in Time

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Customs detention for up to six hours at the Canadian border was “routine” despite patdowns, fingerprinting, photographing, and questioning

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Brooklyn court distinguishes Randolph because defendant’s removal after his denial of consent was arrest, not just to find another person to consent

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Boston PD to do targetted knock and talks for guns, seeking parental consent to search, and purported amnesty

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Defendant’s stop and frisk was unjustified by reasonable suspicion; no real crime was afoot

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Violation of MLAT treaty confers no right to suppress

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State suppression order did not preclude relitigation in § 1983 case

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FISA civil claim remanded for determination of whether there is an FISA exemption to state secrets exception

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Application for realtime cellphone tracking of suspected drug dealer denied

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Anybody can be accused of ineffective assistance: My turn; defendant assumed the risk his wife involved in a joint criminal enterprise would rat him out

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Alleged gunfire from a house and return fire justified its entry, even if the first shot was one officer accidentally discharging his gun

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GWU room search was done by an administrator and not campus police, so no state action

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Property check of home by conservation officer not an unreasonable search

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State law on arrest does not govern reasonableness under the Fourth Amendment

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Strip search was unconstitutional as a matter of law; $5 compensatory, $25,000 punitive verdict affirmed

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$900,000 verdict for arrest on invalid warrant was reversed because the warrant was facially valid

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6th Cir.: Probation search can include use of program to scan computer

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