Author Archives: fourth

Coast Guard boarding and search for safety purposes was not pretextual

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Silence in the face of a protective sweep is consent by acquiescence

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Failure to timely assert attorney-client privilege after a search warrant may constitute waiver

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Brandeis’s Olmstead dissent does not provide an equitable ground to suppress

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Officer’s momentary possession of a driver’s license to run a check by handheld radio was not a seizure

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MA: Defendant’s stopping at home after drug sale rather than before does not show nexus to house as repository for drugs

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Mass: Edgewater mass murder case affirmed and entry into defendant’s home without a warrant to look for potential victims was reasonable and “records” in a warrant allows seizure of computers; the court also discussed the breadth of computer searches

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Five day delay in bringing defendant arrested at sea before a USMJ was not unreasonable

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Further thoughts on Brendlin and whether a motorist is free to leave

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Search incident does not require independent exigent circumstances

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Search exceeded reasonable suspicion to look in car for weapon and was suppressed

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“Accrual” under Wallace v. Kato explored

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So long Nifong

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SCOTUS decides Brendlin; passenger has standing to challenge stop

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Seatbelt stop was objectively reasonable, so investigatory motive was irrelevant

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A gun purchaser has no reasonable expectation of privacy in the records of the gun dealer selling the gun

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§ 1983 claim for injunctive relief showed no standing because of lack of chance of recurrence

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Police detention of all underage persons at a frat house party with alcohol was unconstitutional

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Indiana Public School Police are school resource officers under T.L.O.

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During what appeared to be a consensual encounter with three people, defendant tried to leave and the officer said “Ms. Botto, can you come back here please?”, and this was a seizure.

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