Category Archives: Uncategorized

GA: Because LPN had been cancelled and all occupants had warrants, towing and inventory was reasonable

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MA: Disavowing ownership and possession of cell phone means no privacy interest in it

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CA8: Failure to answer interrogatories leads to striking 4A defense to forfeiture

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CO: Trial court erred in putting burden on state to justify search under warrant at suppression hearing

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KS: SW for a house automatically includes authority to search the curtilage and thus a car in the driveway

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GA: Refusal of breath test in DWI case doesn’t mean no SW for BAC

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NE: Probation search condition included looking for knives under state law

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M.D.Ga.: Affidavit SW for grow operation was thin, but saved by good faith exception

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PA: Funeral homes are in a closely regulated industry, and warrantless inspection scheme does not violate the Fourth Amendment

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OR: Seizure of noncontraband manuscript from jail cell violated state constitution

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AFCCA: Trash container next to carport not on residential curtilage [!]

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CA11: Arguable probable cause means qualified immunity in § 1983 case

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CA6: “[T]he warrant—although far from a model of careful drafting—satisfies the particularity requirement of the Fourth Amendment.”

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M.D.Ga.: A vague, unsubstantiated hunch isn’t RS

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NY2: Unjustified entry into back yard violated curtilage

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CA5: Counterfeiting SW supported seizure of firearm used in bank robbery

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CA3: Innocent plaintiff can bring a 4A claim for malicious prosecution

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NC: Substantial violation of state law on checkpoints voids DWI arrest

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CA6 law was unclear prior to 2012 whether 4A applied to social workers, so they get qualified immunity

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S.D.Ga.: No seatbelt justified stop; drug dog readily at hand

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