Author Archives: fourth

While interrogation violated Miranda, taking of bucal swab was not a Fourth Amendment violation

b2evALnk.b2WPAutP Continue reading

Comments Off on While interrogation violated Miranda, taking of bucal swab was not a Fourth Amendment violation

NJ: Appearance of impropriety voided search warrant where judge was family attorney of defendant

b2evALnk.b2WPAutP Continue reading

Comments Off on NJ: Appearance of impropriety voided search warrant where judge was family attorney of defendant

Fourth Amendment does not apply to ships in international waters without a U.S. flag

b2evALnk.b2WPAutP Continue reading

Comments Off on Fourth Amendment does not apply to ships in international waters without a U.S. flag

Frisk for weapons does not include cigarette pack

b2evALnk.b2WPAutP Continue reading

Comments Off on Frisk for weapons does not include cigarette pack

Search incident justified of man arrested approaching a vehicle who officers never saw leaving the vehicle

b2evALnk.b2WPAutP Continue reading

Comments Off on Search incident justified of man arrested approaching a vehicle who officers never saw leaving the vehicle

9th Cir.: Probable cause can dissipate after an arrest, as it did here

b2evALnk.b2WPAutP Continue reading

Comments Off on 9th Cir.: Probable cause can dissipate after an arrest, as it did here

Fact that arresting officer did booking inventory did not make it unreasonable

b2evALnk.b2WPAutP Continue reading

Comments Off on Fact that arresting officer did booking inventory did not make it unreasonable

FL: Samson limited to California’s statutory scheme, not Florida’s

b2evALnk.b2WPAutP Continue reading

Comments Off on FL: Samson limited to California’s statutory scheme, not Florida’s

Person who just left premises before search warrant was executed could be detained through the search under Summers

b2evALnk.b2WPAutP Continue reading

Comments Off on Person who just left premises before search warrant was executed could be detained through the search under Summers

Miss.: Use of a drug dog on a car is generally permissible

b2evALnk.b2WPAutP Continue reading

Comments Off on Miss.: Use of a drug dog on a car is generally permissible

Invoking right to counsel and silence without being asked for consent did not imply a refusal of consent, so officer could ask cotenant for consent under Randolph

b2evALnk.b2WPAutP Continue reading

Comments Off on Invoking right to counsel and silence without being asked for consent did not imply a refusal of consent, so officer could ask cotenant for consent under Randolph

Affidavit for search warrant need not specify the crime, as long as some crime is shown

b2evALnk.b2WPAutP Continue reading

Comments Off on Affidavit for search warrant need not specify the crime, as long as some crime is shown

Silent 911 hang up call does not provide reasonable suspicion to stop cars in area of call

b2evALnk.b2WPAutP Continue reading

Comments Off on Silent 911 hang up call does not provide reasonable suspicion to stop cars in area of call

Driving too slow in the left lane was insufficient for reasonable suspicion

b2evALnk.b2WPAutP Continue reading

Comments Off on Driving too slow in the left lane was insufficient for reasonable suspicion

Randolph does not require the police to seek out every potential objector to a search before seeking consent

b2evALnk.b2WPAutP Continue reading

Comments Off on Randolph does not require the police to seek out every potential objector to a search before seeking consent

Pre-Miranda question “where’s your gun” did not justify suppression under Quarles

b2evALnk.b2WPAutP Continue reading

Comments Off on Pre-Miranda question “where’s your gun” did not justify suppression under Quarles

Former Mexican police officer would not believe he was in custody although handcuffed [?!]

b2evALnk.b2WPAutP Continue reading

Comments Off on Former Mexican police officer would not believe he was in custody although handcuffed [?!]

Gunshot from a house justified warrantless entry

b2evALnk.b2WPAutP Continue reading

Comments Off on Gunshot from a house justified warrantless entry

D.C. traffic roadblock was unconstitutional

b2evALnk.b2WPAutP Continue reading

Comments Off on D.C. traffic roadblock was unconstitutional

News: FBI audit shows it violated NSL law more than 1,000 times

b2evALnk.b2WPAutP Continue reading

Comments Off on News: FBI audit shows it violated NSL law more than 1,000 times