Author Archives: fourth

Opened letter could be read under plain view doctrine

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Illinois court questions pre-Thornton contemporaneity case law

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MO: Threat to call the dogs out and wait 40 minutes during minor traffic stop vitiated any consent

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IL: Hot pursuit in a DUI case into a house was lawful

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LA “skid row” rousting injunction is extended based on continued violations

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D.C. Cir. en banc: Search incident may precede formal arrest

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Strip search at jail was without justification and suppressed

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Defendant’s girlfriend who lived with him and his mother could consent to the room she shared with defendant but not his mother’s room

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No standing to challenge subpoenas to third party records custodian, and any violation of the statute would not lead to exclusion

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Warrant for home was not stale where it was an “operational base” of an ongoing drug enterprise; seizure of cash, however, was stale

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6th Cir.: Good faith exception does not apply to Title III wiretaps

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Use of fictitious name to ship a package is not an abandonment or waiver of expectation of privacy

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Affidavit failed to show nexus to place to be searched, and good faith exception did not apply

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Hot pursuit across state lines determined by law of the state of arrest

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Police created exigent circumstances did not support search

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FL 2DCA: Operating meth lab inherently dangerous and exigent circumstances for warrantless entry

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Officers lacked exigent circumstances for entry, but the defendant consented anyway

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Execution of warrant was proper and seizure of something else was in plain view

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Emergency doctrine permitted entry and sweep of all rooms for potential injured persons

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Consent after illegal entry not later purged of its taint

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