Author Archives: fourth

Protective sweep does not require “articulable facts” other than character of the event

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FL: A crack in the windshield is not enough for a stop unless the crack is so bad it makes driving unsafe

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Texas: DL checkpoint set up by officers on their own was invalid stop because it was in the discretion of the officers in the field

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Ohio: A request for consent while waiting for the computer check to return did not prolong the stop

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Opening a folded dollar bill during a patdown was unreasonable

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GSR odor can factor into probable cause

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Regular nighttime meth cooking justified nighttime search

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Qualified immunity denied off-duty officer who shot plaintiff; it was not apparent during the “stop” that plaintiff even knew defendant was a police officer

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Multiple outstanding traffic tickets supported a parole search

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Pager could not be seized during a patdown, but it could be in a search incident

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PA: No right of privacy in non-privileged prisoner mail under state constitution

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Being “stalked” by the police is not a seizure

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CA6: Officer has a duty to not ignore available exculpatory evidence as it applies to probable cause on the totality of the evidence

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Tractor trailers in Michigan are subject to regulated industries exception

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Court ordered entries to investigate environmental spills and contamination complied with Fourth Amendment

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Changing computer technology and privacy does not yet require a more sensitive approach; by taking one’s computer in for repairs, one assumes the risk of a private search

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Fourth Amendment not implicated in requiring bank records in a police officer discharge hearing

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Failure to leave an inventory is not a suppression issue under Hudson

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Passing through an unlocked front gate to get to the front door for a knock and talk is not a violation of the Fourth Amendment

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Utah stresses development of state constitutional issues

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