Category Archives: Choice of law

AZ: Choice of law, exclusionary rule, and GFE

“¶1 Don Jacob Havatone appeals from his convictions and sentences for two counts of aggravated driving under the influence of intoxicating liquor (‘DUI’), one count of aggravated assault, one count of endangerment, and four counts of misdemeanor assault. Because a … Continue reading

Posted in Choice of law, Drug or alcohol testing, Exclusionary rule, Good faith exception | Comments Off on AZ: Choice of law, exclusionary rule, and GFE

M.D.Pa.: State law was more protective than the 4A when the case was in state court, but it doesn’t apply in federal court

While state law was more protective of privacy rights and this case started as a state investigation, state law would not be applied to the motion to suppress the search. Only federal law applies. United States v. Capozzi, 2019 U.S. … Continue reading

Posted in Choice of law, Reasonable suspicion | Comments Off on M.D.Pa.: State law was more protective than the 4A when the case was in state court, but it doesn’t apply in federal court