Author Archives: fourth

Vehicle was not on the curtilage, but that gave no right to the police to open the doors

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Casual guest found in state of undress had standing in fact intensive inquiry

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WA concludes that a misdemeanor arrest warrant authorizes an entry to arrest only; pretextual searches will not be tolerated

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City ordinance requiring certificate of inspection of rental units does not involve governmental searches

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While the self-incrimination clause does not provide a cause of action, the seizure that led to it does

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Discovery request for computer search protocol was denied as irrelevant to applying the exclusionary rule

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PO’s reasonable suspicion could include unusual sounds from inside after the knock

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Cellphone video voyeur warrant did not show enough to search defendant’s home

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Repeated requests for consent and expressed “need” to enter amount to coercion

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Motion to suppress showed no standing; motion denied

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Leaving one’s computer available for downloading files over the Internet is a waiver of an expectation of privacy

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Use of stolen ID to rent storage unit defeated expectation of privacy

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Indiana suppresses a pretextual traffic stop

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8th Cir. en banc: Escapee had no expectation of privacy in his hiding place because his presence was wrongful

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Judicial oversight in failing to initial part of the place to be searched did not void search

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7th Cir.: Government gambled and lost on knock and talk and there was no probable cause or exigent circumstances for their entry

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Gravity of crime prime factor in a stop based on Hensley

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Informant had motive to be truthful for his own penal benefit

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Probable cause to search a car includes locked glove compartment

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Standing no impediment to defendant’s challenge to unlawful police entry that put him in possession of paraphernalia; exclusionary rule must apply

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