Author Archives: fourth

Suspect with 62 IQ could consent to search; Miranda waiver standard applied

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Note to readers; you never know when I’ll be posting anymore

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Strip search during arrest after execution of a search warrant was unconstitutional for only having reasonable suspicion

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No cases received on Tuesday

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DEA could use the ruse of an accident to make a seizure when they already had probable cause just to protect an undercover operation

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Plaintiff’s contention he was hit in face with flashlight while handcuffed states a claim

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Search incident of cellphone unconstitutional; N.D.Cal. differs with 5th Cir.

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News: Seatbelt checkpoint leads to seizure of marijuana

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Child porn presumptively retained so there is no “brightline rule” on staleness and it is hardly an issue

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Identity not subject to suppression; search for wallet and ID was valid

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Warrantless entry on bogus informant tip survives summary judgment as to officer directing entry, but others have qualified immunity

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Court questions whether there is de novo review of a USMJ’s R&R, but does it anyway

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Reasonable suspicion did not support premature search of trunk, and inevitable discovery rejected: “Patience is not only a virtue; here, it was a legal requirement”

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Alleged administrative search of medical practice was a law enforcement search and was invalid

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Warrantless entry was justified by exigent circumstances which are analyzed in detail

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No qualified immunity to officer who entered a house without a warrant to break up an underage drinking party

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SCOTUS decides that police searching the wrong house had qualified immunity (decided on the cert papers without argument)

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U.S. Bureau of Prisons regs for searches of imates and others

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Parole search condition permitted warrantless search of plaintiff’s house and computer for child porn when he was not home

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10th Cir. melds probable cause into good faith exception, yet again

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