Author Archives: fourth

Defendant’s argument traffic statute was unconstitutionally vague did not overcome de facto good faith exception of Krull v. Illinois

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Exigent circumstances were not present, and a briefcase and computer’s evidentiary value was not “immediately apparent”

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Preliminary injunction granted against government obtaining e-mails without notice under Stored Communications Act

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A violation of state law is not a per se Fourth Amendment violation, but it can show unreasonableness

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8th Cir. clarifies officers’ ability to question during traffic stop / 3d Cir. exhalts good faith exception over motions to suppress

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Telephonic warrant statute increases burden on police to get a warrant; mere dissipation of alcohol in the blood does not justify entry into home defendant was followed to without hot pursuit

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§ 1983 claim for SWAT raid on wrong house overcame summary judgment: reasonableness needed to be decided

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Defendant’s prior arrests show familiarity with the system and weighs toward voluntariness of consent

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Defendant was arrested in home and ordered to come downstairs to be arrested; search of the second floor was not justified as incident to arrest or protective sweep

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Warrant for drugs on the premises authorized opening a safe; defendant’s opening it was not coerced consent

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Utah: Open container violation supports search incident

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Particularity: “instrumentalities” and “books and records” not overbroad

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D. Utah. essentially holds that the government wins a suppression issue if it has a search warrant, following Tenth Circuit precedent

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Failure to prove guest status was fatal to standing claim

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Overly general description of suspect did not justify defendant’s stop

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Fla. 4DCA: Vehicle parked on vacant lot did not have to be impounded

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Reasonable suspicion not required to refer a car at the border to a secondary inspection point

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“I don’t want you to but you’re going to search anyway” is not voluntary consent

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W.Va.: Question of exigent circumstances or hot pursuit for jury

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Arrest without jurisdiction is not a Fourth Amendment violation

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