Author Archives: fourth

Accidental shooting was a seizure; officer thought he pulled Taser

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Magistrate need not determine defendant inside under Payton; officers do

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Co-tenant could consent; no evidence defendant was removed just to prevent him from objecting

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Driver’s possession of a vehicle is normally enough to create an expectation of privacy, but not where the defendant stopped with others tossed the keys and remained silent when asked who had the vehicle

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Arrest of plaintiff during execution of a search warrant who was at best a mere witness stated a claim for relief; it could not be justified under Summers

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Heat of kidnaping investigation justified warrantless entry of hotel safe

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Report of gun pointed from a car justified a “protective sweep” of the car

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GA: Any law enforcement officer may conduct a probation search with knowledge of the condition, as long is it is not arbitrary or harassing

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FL 2DCA: Mere propinquity to contraband on the ground is not probable cause to search the person closest to it

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Third party consenter’s actions showed apparent authority; e.g., picking up clothes from the bedroom floor; defendant’s failure to object a little later considered against him

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Arrested and handcuffed defendant outside his home dissipated any exigency for entry of his house

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LA: Subpoena for DNA was valid because it was initially passed on by a judge

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Dog alert on car allowed search of driver, too, under automobile exception

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State waives standing by arguing only consent in trial court

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Bowing to the inevitable and consenting to a search is not involuntariness

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TX: Community caretaking excuse for stop was unsupported and motion to suppress should have been granted

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Exceeding scope of search warrant is not subject to good faith exception

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Probation search: Where no elaborate state regulations, “special needs” are not at issue, and totality standard with a reasonable suspicion requirement applies

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Owner had apparent authority to consent to a search of car 228 miles away

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Doing a drug deal in front of the house and running into the house justifies hot pursuit

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