Author Archives: fourth

Shooting at plaintiff during a scuffle and arrest was not excessive force under the circumstances

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Payton‘s reasonable belief arrestee is inside can be created by actions of others

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Inspections under HUD regulations written into a lease were not an unreasonable search nor was it alleged that any inspections were unreasonably done

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Failure to announce in warrantless arrest voids search incident but not arrest

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WA: Undercover single party consent recording in defendant’s home not unconstitutional

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Alaska follows Greenwood and concludes no reasonable expectation of privacy in trash out for collection

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Plaintiff states claim for police framing him through an identification witness

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Failing to specify the crime and using the phrase “including, but not limited to” in the description of things to be seized violated particularity

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Roommate’s general access to defendant’s computer gave roommate authority to consent, even though subject files were encrypted

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Animal control officers’ plain view did not authorize entry into the curtilage to seize animals and make further observations

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FL 5DCA: Good faith exception applied because probable cause was a close call, but the court cheapens Leon in the process

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Plaintiff gets partial summary judgment on liability in strip search case

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IN: Choking defendant to get baggie of drugs from mouth was unreasonable search

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Defendant not present at time of raid could not complain of its methodology

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Consent to a “real quick” “check” of car was a limited consent that did not include removing a panel inside

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Federal conditional plea was not preserved by a passing reference in the PSR where plea agreement and record were silent

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Approach for knock and talk led to plain view of a propane tank used for anhydrous ammonia in truck in front of house

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FEMA required blood draws of firemen in a “wellness program” violates Fourth Amendment

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Truck inspection led to observation of apparent false compartment which was probable cause

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Asking defendant to get out of car after he was free to go during a traffic stop was unreasonable

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