Author Archives: fourth

Search of backpack on entry to a music festival was a private search; after police learned of it, they had probable cause to search themselves

b2evALnk.b2WPAutP Continue reading

Comments Off on Search of backpack on entry to a music festival was a private search; after police learned of it, they had probable cause to search themselves

Wife consented to search just after getting order of protection

b2evALnk.b2WPAutP Continue reading

Comments Off on Wife consented to search just after getting order of protection

Officers are not obliged to trust defendant’s statement that everybody inside was out, and a protective sweep was permissible

b2evALnk.b2WPAutP Continue reading

Comments Off on Officers are not obliged to trust defendant’s statement that everybody inside was out, and a protective sweep was permissible

6th Cir. approves of an inventory search of a duffle bag of an injured motorist before its seizure

b2evALnk.b2WPAutP Continue reading

Comments Off on 6th Cir. approves of an inventory search of a duffle bag of an injured motorist before its seizure

6th Cir. plays semantic games over whether defendant was free to leave, finding, of course, he was

b2evALnk.b2WPAutP Continue reading

Comments Off on 6th Cir. plays semantic games over whether defendant was free to leave, finding, of course, he was

Overturned conviction permitted § 1983 claim to go forward under Heck

b2evALnk.b2WPAutP Continue reading

Comments Off on Overturned conviction permitted § 1983 claim to go forward under Heck

“Constructive entry” rejected in Michigan on the facts, acknowledging the rule elsewhere

b2evALnk.b2WPAutP Continue reading

Comments Off on “Constructive entry” rejected in Michigan on the facts, acknowledging the rule elsewhere

“Constructive entry” into premises explained

b2evALnk.b2WPAutP Continue reading

Comments Off on “Constructive entry” into premises explained

Defendant’s refusal to be fingerprinted was admissible to impeach his claim of self-defense

b2evALnk.b2WPAutP Continue reading

Comments Off on Defendant’s refusal to be fingerprinted was admissible to impeach his claim of self-defense

“[T]here is no difference between burnt and fresh-smelling marijuana in a probable cause analysis”

b2evALnk.b2WPAutP Continue reading

Comments Off on “[T]here is no difference between burnt and fresh-smelling marijuana in a probable cause analysis”

A summons is not a seizure

b2evALnk.b2WPAutP Continue reading

Comments Off on A summons is not a seizure

Return of paperwork does not mean a motorist is free to leave

b2evALnk.b2WPAutP Continue reading

Comments Off on Return of paperwork does not mean a motorist is free to leave

Search of car on school property was with reasonable suspicion under T.L.O.

b2evALnk.b2WPAutP Continue reading

Comments Off on Search of car on school property was with reasonable suspicion under T.L.O.

Passenger’s “flight” was a factor in reasonable suspicion as to driver

b2evALnk.b2WPAutP Continue reading

Comments Off on Passenger’s “flight” was a factor in reasonable suspicion as to driver

Criminal Interdiction Team’s search of car and person was without consent or suspicion after a traffic stop

b2evALnk.b2WPAutP Continue reading

Comments Off on Criminal Interdiction Team’s search of car and person was without consent or suspicion after a traffic stop

Religious items can be reasonable suspicion when combined with other factors

b2evALnk.b2WPAutP Continue reading

Comments Off on Religious items can be reasonable suspicion when combined with other factors

General consent to search allows search into a hidden compartment once it is discovered

b2evALnk.b2WPAutP Continue reading

Comments Off on General consent to search allows search into a hidden compartment once it is discovered

S.D. N.Y. National Security Letter case: Doe v. Gonzales

b2evALnk.b2WPAutP Continue reading

Comments Off on S.D. N.Y. National Security Letter case: Doe v. Gonzales

OH: Use of a drug dog during normal time of a traffic stop was not unconstitutional

b2evALnk.b2WPAutP Continue reading

Comments Off on OH: Use of a drug dog during normal time of a traffic stop was not unconstitutional

Probable cause for a warrantless entry in a drug case was lacking, so all state’s proferred justifications for the entry failed

b2evALnk.b2WPAutP Continue reading

Comments Off on Probable cause for a warrantless entry in a drug case was lacking, so all state’s proferred justifications for the entry failed