Author Archives: fourth

Being ordered out of car and handcuffed is an arrest for Fourth Amendment purposes

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SDI Future Health search warrant suppression upheld by District Judge

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Visitor for preparation of crack for sale had no standing

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CA1: “moveable area of immediate control” permitted search of closet when defendant who was arrested outside wanted to get dressed

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Plaintiff’s suit against officer seizing money during traffic stop could proceed; ALJ ordered money returned, and the officer arranged for the IRS to seize it for a tax lien

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Warrant’s failure to specify crime under investigation made it fatally general

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Tenn.: Defense counsel’s failure to appeal denial of suppression motion was not IAC (without reaching merits of underlying issue)

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OR: Search of a sunglasses case for a weapon was unreasonable

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Impoundment policy on any custodial arrest was invalid where vehicle could have been left

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There is no per se domestic disturbance exigent circumstances exception

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Officer’s commands communicated that the defendant was not free to leave

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Arrest warrant not required where there was probable cause and it occurred in a public place

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Attempted search is not a Fourth Amendment violation

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For automobile exception to apply, “inherent mobility” is the question, not “ready mobility”; driver miles away from vehicle did not make exception inapplicable

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Rule 41(g) motions for return of property must be filed within 6 years of the conclusion of the case

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“One nation, under [surveillance], with liberty and justice for all.”

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Google Earth maps may be out of date; but use them for surveying crime scenes

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Police could not search a different hotel room than the one defendant was arrested in

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Thoughts on the Fourth on the Fourth; readers help

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