Author Archives: fourth

Ambiguous response that defendant was “right over there” was not consent to enter to arrest him

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SCOTUS decides police car ramming fleeing suspect was reasonable

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Background check of passenger was unjustified and impermissibly extended the stop

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Turning a vehicle over to a shipping company surrenders expectation of privacy in the interior of the vehicle

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Botched search warrant leading to death of 92 year old woman in Atlanta leads to police guilty pleas

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W.Va.: Surreptitious recording of a suspect in his home by a wire on an informant violates state constitution; United States v. White rejected

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The Smoking Gun: Strip Search 101

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One case today

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SCOTUS argument in Brendlin v. California today

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Field sobriety test based on reasonable suspicion is not a Fourth Amendment violation

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“Custody” for Fifth Amendment is different than a “seizure” under the Fourth Amendment

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If the officer doesn’t prompt the dog into the car, the dog sniff is not a search. (The problem is proving that the officer didn’t, even with a videotape.)

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Anonymous 911 call about a man waving a gun at a particular place with details corroborated at the scene is sufficient because of public safety

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Knock and talk strategy failed, and that was exigent circumstances of officers’ creation

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Anonymous 911 call about a home invasion robbery was corroborated by officers’ observations at the scene

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Standing found in a locked metal box defendants had in a stolen vehicle

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DNA swab of hands could be taken from man in jail

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Reasonableness standard applies to a search by a school resource officer investigating an alleged rape at school

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Citizen uttering “God damn” during township meeting was obviously protected speech, and officer’s qualified immunity defense fails

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Tennessee upholds DUI roadblock, in light of its high constitutional standard

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