Category Archives: Uncategorized

TN: Implied consent law doesn’t violate right to a warrant under religious liberty

Defendant’s sovereign citizen claim the state DUI implied consent violated his religious liberty without a warrant and right to travel is rejected. How does religion figure into it? State v. Simmons, 2018 Tenn. App. LEXIS 755 (Dec. 21, 2018).* Sovereign … Continue reading

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Reason: Kansas Supreme Court Says Cops Can Search Your Home Without a Warrant If They Claim It Smells Like Pot

Reason: Kansas Supreme Court Says Cops Can Search Your Home Without a Warrant If They Claim It Smells Like Pot by Jacob Sullum: Cops supposedly smelled 25 grams of pot inside a plastic container inside a safe inside a closet … Continue reading

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MO: Requiring trial objection after denial of motion to suppress allows trial court to reconsider; issue still preserved here

Defense counsel in Missouri is obligated to object again when evidence that was subject to a motion to suppress that was overruled is offered into evidence. This gives the trial court the opportunity to revisit the ruling under the evidence … Continue reading

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Today is Bill of Rights Day

227 years ago today the Fourth Amendment became effective, Dec. 15, 1791

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New Law Review Article: Cross-Enforcement of the Fourth Amendment by Orin Kerr

Cross-Enforcement of the Fourth Amendment, 132 Harv. L. Rev. 471 (2018), by Orin Kerr. Abstract:

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Human Rights Watch: =Dark Side: Secret Origins of Evidence in US Criminal Cases

Human Rights Watch: Dark Side: Secret Origins of Evidence in US Criminal Cases

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E.D.N.Y.: Partially redacted aff for SW admissible to show consciousness of guilt

The government gets to use the affidavit for search warrant but partially redacted to show defendant’s consciousness of guilt. United States v. Zhong, 2018 U.S. Dist. LEXIS 199848 (E.D. N.Y. Nov. 26, 2018). A firearm found in a search of … Continue reading

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Book 30% off this week

Book on sale at 30% off all week.

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AK: Search of tenant’s computer found during SW for landlord’s computer was unreasonable

Alaska State Troopers had a search warrant for a computer in a house. While there, they find a computer that belonged to another who was the target’s tenant, so they decided to seize that computer, too, and search it. The … Continue reading

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WA: State AG’s civil investigative demand to a company did not unreasonably intrude into “private affairs” or violate 4A

A company that consolidated student loans was required to comply with the Washington State Attorney General’s civil investigative demand (CID) under Wash. Rev. Code § 19.86.110. The company did not have a right against self-incrimination and the CID did not … Continue reading

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We’re back, catching up

Perhaps you’ve noticed that the postings have been a bit behind. That’s because I’ve spent the last two weeks reading 2600 pages of page proofs for Trial Handbook for Arkansas Lawyers 4th. Today I have to drive two hours to … Continue reading

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