Author Archives: fourth

Suppressed search not collateral estoppel in § 1983 case against officer

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Patdown not justified merely because of prior drug arrest

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A standoff, two 12-packs, 18 guns, and the Fourth Amendment

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Consent to search while in custody and unMirandized was still voluntary

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Md. follows Belton and Thornton and whole of passenger compartment is subject to search incident

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MD: Officer’s opening screen door where officers saw drugs stashed between screen door and inside door was not unreasonable

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Two bodies found during fire scene investigation were validly found and would not be suppressed

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Stop on hunch and asking for driver’s license was invalid

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D. Mass.: Federal DNA collection act held unconstitutonal as to a probationer

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Computer search supervised release term of counterfeiter overbroad and unjustified

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Defendant in handcuffs for officer’s safety would not feel free to leave

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State cannot relitigate search and forfeiture issue by a Rule 60 motion for relief of judgment after losing on appeal

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“Any person present” in search warrant was overbroad and lacked probable cause

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Ordering defendant to ground at gunpoint is an arrest requiring probable cause

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DoJ’s webpage and the National Security Letter probe of the DoJ IG

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Anticipatory warrants and the good faith exception; Leon saves a potentially defective anticipatory warrant; close enough for government work.

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8th Cir.: Prisoner’s claim for damages stemming from an alleged miscalculation of his parole-eligibility date is barred under Heck

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Officer’s belief developed over time that person arrested was mistaken for another precluded defense summary judgment on strip search claim

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S.D. Fla.: Allegations of excessive force against protestors survive summary judgment

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Postings are later in the day lately

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