Author Archives: fourth

Daughter left in control of parents’ house while they were out of the country had apparent authority to consent

b2evALnk.b2WPAutP Continue reading

Comments Off on Daughter left in control of parents’ house while they were out of the country had apparent authority to consent

Applying additional force after plaintiff stopped resisting, breaking plaintiff’s ankle, resulted in denial of qualified immunity defense

b2evALnk.b2WPAutP Continue reading

Comments Off on Applying additional force after plaintiff stopped resisting, breaking plaintiff’s ankle, resulted in denial of qualified immunity defense

MI statute on searches of minors for alcohol without probable cause unconstitutional

b2evALnk.b2WPAutP Continue reading

Comments Off on MI statute on searches of minors for alcohol without probable cause unconstitutional

Mayfield opinion available; PATRIOT Act unconstitutional as it was applied to him

b2evALnk.b2WPAutP Continue reading

Comments Off on Mayfield opinion available; PATRIOT Act unconstitutional as it was applied to him

Mayfield 2005 denial of summary judgment on false affidavits about fingerprint match available

b2evALnk.b2WPAutP Continue reading

Comments Off on Mayfield 2005 denial of summary judgment on false affidavits about fingerprint match available

Failure to include a failed controlled buy was not a Franks violation because it did not diminish probable cause

b2evALnk.b2WPAutP Continue reading

Comments Off on Failure to include a failed controlled buy was not a Franks violation because it did not diminish probable cause

Anonymous tip of student with a gun did not support suspicionless frisk of plaintiff, but officer gets qualified immunity

b2evALnk.b2WPAutP Continue reading

Comments Off on Anonymous tip of student with a gun did not support suspicionless frisk of plaintiff, but officer gets qualified immunity

Consent to search a suitcase for drugs includes containers inside that could hide drugs

b2evALnk.b2WPAutP Continue reading

Comments Off on Consent to search a suitcase for drugs includes containers inside that could hide drugs

Search incident to civil offense is unconstitutional

b2evALnk.b2WPAutP Continue reading

Comments Off on Search incident to civil offense is unconstitutional

CA: Subpoena for occupancy tax audit did not violate Fourth Amendment

b2evALnk.b2WPAutP Continue reading

Comments Off on CA: Subpoena for occupancy tax audit did not violate Fourth Amendment

Fresno homeless sweep case certified as a class action

b2evALnk.b2WPAutP Continue reading

Comments Off on Fresno homeless sweep case certified as a class action

Consent found valid because defendant’s co-defendant refused to testify at the suppression hearing

b2evALnk.b2WPAutP Continue reading

Comments Off on Consent found valid because defendant’s co-defendant refused to testify at the suppression hearing

Minnesota holds that a dog sniff at an apartment door from a common area was valid because it was based on reasonable suspicion, and Kyllo is distinguished

b2evALnk.b2WPAutP Continue reading

Comments Off on Minnesota holds that a dog sniff at an apartment door from a common area was valid because it was based on reasonable suspicion, and Kyllo is distinguished

Chemical smell alone not exigent circumstances

b2evALnk.b2WPAutP Continue reading

Comments Off on Chemical smell alone not exigent circumstances

Mistake of law in stop: suppressed generally, but not in Third Circuit

b2evALnk.b2WPAutP Continue reading

Comments Off on Mistake of law in stop: suppressed generally, but not in Third Circuit

Unknown regular citizen informant’s information was more reliable

b2evALnk.b2WPAutP Continue reading

Comments Off on Unknown regular citizen informant’s information was more reliable

Defendant being treated in ER for accident was not “in custody” for Miranda purposes

b2evALnk.b2WPAutP Continue reading

Comments Off on Defendant being treated in ER for accident was not “in custody” for Miranda purposes

Denial of consent for Randolph does not have to occur at the house

b2evALnk.b2WPAutP Continue reading

Comments Off on Denial of consent for Randolph does not have to occur at the house

Parole search of parolee’s house could occur even though parolee was in jail

b2evALnk.b2WPAutP Continue reading

Comments Off on Parole search of parolee’s house could occur even though parolee was in jail

Oregon declines to find expectation of privacy in trash picked up for disposal

b2evALnk.b2WPAutP Continue reading

Comments Off on Oregon declines to find expectation of privacy in trash picked up for disposal