Category Archives: Uncategorized

Colorado finds a CI’s statement alone insufficient to show PC, and the “bare bones” affidavit did not support application of the good faith exception

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Being in the courtroom where James Otis Jr. argued against the Writs of Assistance

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Officer acted reasonably in trying to remove baggie of cocaine from defendant’s mouth because it prevented choking and OD

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Search of computer during homicide search warrant was void, but harmless

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USPS worker had no REP in his lunch bag while at work

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False representation that officers had a court order for production of a computer in a child porn case made consent invalid

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AZ: When an arrestee is handcuffed and in custody, search incident no longer valid

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Alaska rejects Hodari D. under state constitution–the exclusionary rule applies to abandonment in flight from an illegal stop

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Search incident 35 minutes after handcuffing in a motel room was not unreasonable where the defendant started by falsely identifying himself and things escalated from there.

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11th Circuit erroneously holds that passenger cannot challenge stop

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Police ruse of fictitious rape having occurred inside defendant’s house made consent coerced

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Officer’s inquiry of name and DOB for operating a bicycle for no light was not a seizure where there was no “stop”

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Fourth Amendment claim stated by City’s issuance of erroneous map that allowed trespassing on plaintiff’s land

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AL: Refusal to consent plus past history not reasonable suspicion / IL: Search of car of man who drove up to his brother’s house being searched was unreasonable

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Catheterization in prison for medical purposes that led to seizure of urine was reasonable

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Flight to avoid stop creates cause to stop and essentially waives claim initial effort to stop was invalid

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Defendant on community corrections release with electronic monitoring living with sister was treated as a parolee

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Officer failed to articulate any reason for vehicle frisk under Michigan v. Long

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Police direction to a protestor to move to another side of the street is not a seizure

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