Author Archives: fourth

Officer had reasonable suspicion for stop, but nothing else developed, so he lacked probable cause for search

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While the legality of an arrest may be determined by state law, the Fourth Amendment governs suppression in federal court

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Search incident to arrest exception requires an arrest, and drug involvement alone does not warrant a frisk

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Landlord’s right to inspect leased premises does not permit him to admit law enforcement officers to aid in the inspection

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Repo man has apparent authority to consent to a search

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Conn. refuses to adopt automatic standing under state constitution

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Entry by ruse of officers claiming to be real estate investors did not permit them to feel a gun case; the good faith exception did not apply because the warrant had not issued

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CA9: Records check of defendant’s DL not a search; neither is observation of license plate

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“Premises” in warrant could only include garage because facts supported it, but it did not justify searching house based on “officer’s experience” of what might be found there

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An uncorroborated tip from a 911 caller stating that a person is wanted by the police cannot form the basis for reasonable suspicion for the police to conduct a stop of that person

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Washington State: Bank and motel records are “private affairs” and not subject to a mere subpoena or police inspection

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Traces of cocaine in car supported warrant for defendant’s blood, and positive result could be used at trial

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Claim that government agents had knowledge murder would happen and they failed to stop it did not state claim for relief

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Oregon permits an appellant to raise a new theory based on new case law arising after suppression hearing

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Cellphone was lawfully seized incident to an arrest

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Washington: Judge who issued warrant can determine motion to suppress the warrant

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Overnight guest with standing to challenge entry of house did not have standing to challenge entry into the backyard curtilage; knock-and-talk led to surrounding house and [police created] exigency

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Consent of driver to search car did not extend to a passenger’s purse

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N.D. Cal. applies Heck to civil penalties

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10th Cir.: “Consent once removed” does not give informants the power to consent

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