Category Archives: Uncategorized

Presumption of probable cause in affidavit for search warrant carries over to civil search cases

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Colorado: While Payton was not complied with, exigent circumstances independently justified entry to arrest when defendant refused to show his hands

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Judge Moylan espouses on the exclusionary rule, post-Hudson

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No “unconstitutional conditions” in choosing whether to take a breath test

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Report from work that woman who had been in an abusive relationship had not been at work in days justified entry

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FL holds that defendant could not possibly feel he was free to leave, despite officer’s testimony to the contrary

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Warrantless entry without announcement invalid

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Exit at ruse checkpoint led to RS for dog sniff

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Thursday’s state cases

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Gun inside house was exigency to enter

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Cellphone tracking information subject to production; Fourth Amendment issue still abstract and not decided

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Consent to search motel room included the safe within

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Suppression hearing is a “critical stage,” and conducting it without counsel is not harmless

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Consulting with an attorney after unlawful entry purged consent of taint of the illegal entry

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Citing only federal and state constitutions did not invoke state statute as ground to suppress

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Meth head’s consent was valid since he did not show he was using at the time

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Warrant check on passenger produced outstanding warrant, and that justified search incident of car

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