Author Archives: fourth

View through garage door windows was plain view; officers were in hot pursuit of fleeing vehicle

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Seizure of a student also governed by T.L.O.

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Search of parolee’s residence was valid even though it was never disclosed to PO

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Parts of PATRIOT Act unconstitutional for lack of probable cause

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Unauthorized subpoena to appear was not a seizure

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E.D. N.Y. Magistrate Judge questions foundation of automobile exception

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Arrest of defendant in possession of drugs in car supported probation search of house

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U.S. Government collecting personal information on all international travelers via Customs searches and all computer records of travel

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Video voyeurism search warrant was based on probable cause and fairly included search of computer

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Fear of booby traps is an exigency, but one that dissipates; failure to read search warrant denies reliance on Leon

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General consent to search a car for drugs permitted search of containers

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Fire inspector’s administrative warrant “to get to know the property” sought under city fire code was valid

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Albright v. Oliver‘s potential expansion of “seizure” rejected in Tenth Circuit (and everywhere else thus far)

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Driveway to garage not visible from street could still be route of entry by the police despite curtilage

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When is a strip search not a strip search? When it happens on the floor of a convenience store

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Officer who failed to mention smelling marijuana in his reports was disbelieved by the trial court, and suppression had to be affirmed on appeal

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Georgia sustains a consent sought before warning ticket handed over; consent covered prying open the glove box

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ME: Mandatory blood testing in fatal accidents constitutional

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Rules of evidence do not apply to suppression hearings, except for privileges; transcript of another proceeding admitted

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Extraterritorial state law enforcement activities are not unconstitutional

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