Author Archives: fourth

Defendant’s refusal of consent and drug past was not reasonable suspicion to detain for a drug dog

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Having the keys and driving a car is not standing per se to challenge its stop and search

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California medical marijuana law is a defense to prosecution but not to limited investigations with probable cause

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KS: (1) Close questions of reasonable suspicion defer to the officer’s experience, and (2) state cannot manipulate a knock and talk for plain view

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Neb. adopts community caretaking function for vehicles

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A frisk cannot be justified just for drugs

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Social worker’s entry was based on consent and exigent circumstances and view of drugs paraphernalia was valid

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Minors’ use of alcohol not an exigency permitting warrantless entry into a home

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Putting personal computer on a network waives reasonable expectation of privacy when it is accessed through the network

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Tribal police conducting searches on casino property are governed by the Fourth Amendment

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Alaska: Comment on refusal of an alternative DUI test is tantamount to a comment on exercise of a constitutional right in refusing consent

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Officer’s failure to investigate a defense before getting an arrest warrant is not a constitutional violation

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Patdown during a traffic stop was not justified

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9th Cir.: Probation search extends to probationer’s business

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Order during stop to place hands on top of the car is a show of authority

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Defendant permitted to withdraw guilty plea in case factually identical to Randolph

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Officers aiding court ordered receiver in reasonable actions are immune

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Unsigned search warrant was void, although judge signed application finding probable cause, and GFE did not save it

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UT: Odor of burning marijuana not a sufficient exigent circumstance for a warrantless entry into the home

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Franks motion supported by affidavits of interested parties was insufficient

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