Author Archives: fourth

Occasional visitor to defendant’s house had no apparent authority

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Taking the SWAT team to a wholesale administrative search violated administrative warrant exception

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Exclusionary rule not applied to “inadvertent illegal behavior”

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5th Cir.: No cause needed for officer to open door of apparently disabled driver

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Fruitless search of plaintiff’s car in parking lot and taking her home in handcuffs to search her home stated a claim

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Particularity: When the description given is the best the police can do under the circumstances, the warrant is not imprecise

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Forfeiture count in indictment justified seizure of defendant’s vehicle

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Airport screening searches no longer considered a matter of implied consent; they are regulatory searches, and they are not without limits

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Claim of entrapment for crime for which arrest warrant issued did not void search incident to arrest on the warrant

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Administrative search does not occur by sending undercover officer into massage establishment where illegal touching occurred

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California holds that DNA may be taken from a juvenile adjudicated of a felony

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Staleness of facts applied to search sought to be justified under automobile exception

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NY Co. Ct. suppresses blood test based on physican-patient privilege

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Student’s sexual harassment claim against teacher could proceed under Fourth Amendment as well as a claim for protecting bodily integrity

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Prisoner had no reasonable expectation of privacy in his mail under published directive he was aware of

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10th Cir.: Elderly father who had no knowledge of computers had apparent authority to consent to search son’s password protected computer

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Continuation of stop was by consent, even though defendant hesitated

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New technique during Kansas stops: “Adios,” step back two steps, hesitate, step forward and ask questions

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Ruse of identity theft was a permissible method of gaining access to defendant’s computer, but the ruse crossed the line when it continued after child porn was found

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Dicta: Illegal aliens have Fourth Amendment protection

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