Author Archives: fourth

Dog bite rule of torts does not apply to police dogs, at least under § 1983

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No standing in a car rented by another driven by defendant

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The Mansfield Amendment, 22 U.S.C. § 2291(c), prohibits U.S. officers from directing arrests in foreign countries, but the officers here did not direct the arrest

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Target of search has no right to object to or litigate it before it occurs

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Affidavit failed to show nexus of the property searched to the crime, but good faith exception saved it anyway

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“John Wilkes, The Scandalous Father of Civil Liberty”

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$1 verdict in search case affirmed on appeal was a mere technical win, so attorneys fees were denied

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“Linda Friedman Ramirez, ed., Cultural Issues in Criminal Defense”

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Defendant cannot adopt government’s facts for one purpose and disclaim them for another; here it was standing

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Order for writ of execution did not justify eviction; eviction violated the Fourth Amendment

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Spitting on the sidewalk is an abandonment of DNA / Man who was mistaken for another and handcuffed and then released when mistake was discovered could consent to search

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Roadblock to gather information from potential witnesses to crime that had just occurred was valid

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Non-renter driver not on the contract may still have standing under a “fact-bound inquiry”

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“MethCheck” tracks pseudoephedrine purchases and finds its way into traffic stops and potentially knock-and-talks and affidavits for search warrants

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TSA recognizes part of its actions “security theater” and lets lighters back on airplanes Aug. 4th

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W.D. N.Y.: Tax preparation business satisfied “business permeated by fraud exception”

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Password protected user files created a reasonable expectation of privacy

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A civil or common law trespass by the police is a ground to suppress in Texas

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TN: Defendant was validly stopped for a routine traffic offense, but using a drug dog after refusal of consent and without reasonable suspicion was unconstitutional

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CA: Officer’s personnel file could not be obtained to challenge his credibility in a suppression motion

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