Author Archives: fourth

Younger abstention bars federal action over state subpoenas and search warrants that can be litigated in state court

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Hot pursuit of suspect running to apartment shouting that the police were there justified warrantless entry to prevent destruction of evidence

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E.D. N.Y.: Statute of limitations on search claim did not run until after state appellate court held search was invalid

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NY: Search warrant for persons associated with a car containing drugs permitted a strip search of the occupants

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Md. officers could assist in executing a search warrant in W.Va.

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NJ holds DNA collection from juveniles adjudicated delinquents is valid

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SCOTUS argument today: Qualified immunity for excessive force in ramming fleeing car in a traffic pursuit

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Building inspectors had cause to enter plaintiff’s building as alleged “crack house”

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Owner of computer workstation could consent to search by copying harddrive, even though defendant had standing

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While defendant was arrested 20-30′ from motel room door, protective sweep of room was permitted because officers suspected armed confederates inside

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Protective sweep that extended to crawl space was not unreasonable

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Four years and counting

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Plain view of a gun does not require officers to see the whole gun, just the barrel or handle

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TX: Failure to sign affidavit is not fatal if the prosecution can prove the officer was sworn; presages telephonic and e-mail warrants

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Florida wrongly holds that holding a driver’s license of a pedestrian does not equate to a seizure

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“Get the fuck out of my house” is denial of consent; removing defendant and seeking consent from his wife violates Randolph

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TX: Civil standby in domestic case could constitute a search and seizure

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Even with reasonable suspicion that a person has a gun in a car, an officer cannot stop based on that alone

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9th Cir. on the MLB steroid use investigation: Government could seek a search warrant to cut off a coming subpoena challenge; seizure of records beyond the scope of the warrant was not unreasonable here

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IL: Prior litigation of motion to suppress that was not appealed could not be reopened in new trial 16 years later

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