Author Archives: fourth

NJ holds that search incident can occur for a citable offense

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Search warrant fails on probable cause, and it was so deficient that the good faith exception did not apply

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Movement of a vehicle during stop is a separate seizure and resulted in an unconstitutional search

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6th Cir.: Reasonable expectation of privacy in stored e-mails

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Officer did not stop defendant, and the encounter turned potentially dangerous when defendant picked up a stick; patdown was justified

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Covert video surveillance by a warrant under Rule 41(b) is analyzed under Title III for guidance

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FISA overhaul revealed necessary because FISA court held wiretapping program unconstitutional

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Heck bar does not apply where plaintiff was not sentenced to imprisonment

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Dog alert to cash was sufficient to show probable cause for cash seizure, at least in 7th Cir.

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Community caretaking function may overlap into criminal investigation, too, without violating Fourth Amendment

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Nervous behavior with an expired inspection sticker is not reasonable suspicion

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Provision in search warrant for digital camera, media, and computers during drug search was justified by affidavit

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Drug tainted money is everywhere

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Taking one’s computer to a technician for installation of a DVD burner is a waiver of the expectation of privacy in videos on the computer that might be found in testing it

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Inevitable discovery was based on investigation that had progressed enough to get a warrant

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Discrepancy between a police report and affidavit for warrant of where child porn was seen justifies a Franks hearing

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D. Kan. [surprisingly] finds no cause for a stop and no reasonable suspicion for any detention / Buyer in good faith of a stolen vehicle had standing

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Protective weapons search that admittedly was for drugs, too, was unreasonable

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Customs stop leaving the country led to valid seizure of $171,000 in cash

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Kansas holds that probable cause to get a warrant invoked inevitable discovery even though there was no effort to get a warrant

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