Category Archives: State constitution

IN: Hot pursuit into Kentucky did not violate state constitution

Defendant was more than reasonably suspected of committing a homicide in Indiana, and police got a line on him heading to Kentucky. A vehicle matching the description of his was seen on the nearest bridge to Kentucky shortly thereafter and … Continue reading

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IN: FBI’s search was used in state court; since state doesn’t recognize attenuation, the uncontested suppression of the search also suppresses def’s statements

The FBI’s search of defendant’s computers was governed by the Indiana Constitution in state court, and the search was unlawful under that. Since Indiana doesn’t recognize the attenuation doctrine, defendant’s statements are suppressed as well. Wright v. State, 2018 Ind. … Continue reading

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IA: Mere visitor’s purse couldn’t be searched on execution of SW without an independent connection to premises

When a mere visitor is encountered during execution of a search warrant on the premises, her purse cannot be searched without independent cause linking her to the premises other than mere presence. State v. Brown, 2018 Iowa Sup. LEXIS 1 … Continue reading

Posted in Scope of search, State constitution, Warrant execution | Comments Off

IN: DRE exam requires warning of right to counsel under state const.

The Indiana Constitution recognizes a right to warning that counsel may be consulted of a person in custody before a consent search is sought in Pirtle v. State, 323 N.E.2d 634 (Ind. 1975). That has been held not to apply … Continue reading

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OR: Mobility is all that’s required for auto. exception under state const. too

As long as the vehicle was mobile and there was probable cause, the automobile exception applies. “In sum, the automobile exception applies in this case because defendant’s car was mobile when officers encountered it in connection with defendant’s felony arrest … Continue reading

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WA: Shareholder or officer of closely held corp has no personal privacy interest in corporate records under state constitution

“Paul Chase, shareholder and principal officer of Red Leaf Construction Inc., appeals the trial court’s partial denial of his motion to suppress Red Leaf’s bank records. A commissioner of this court granted discretionary review. We consider, as a matter of … Continue reading

Posted in Reasonable expectation of privacy, Standing, State constitution | Comments Off

NY4 declines to extend state const. and warrant requirement to CSLI

The state used CSLI and cell records on less than probable cause to connect defendant to a robbery victim. These are business records, and the court declines to extend a higher state constitutional standard to CSLI but recognizing that other … Continue reading

Posted in Cell site location information, State constitution | Comments Off

IN: Officers jumping over a locked gate to investigate a noise complaint was unreasonable under Indiana Constitution

Defendant was at a conservation club he was a member of, and, during a party at the club, members were shooting at a pizza box made into a target. Because it was a weeknight and late, a neighbor was disturbed … Continue reading

Posted in Curtilage, Reasonable expectation of privacy, State constitution | Comments Off

PA: Nexus not shown for house, and no GFE under state law: def arrested blocks from home with firearm, and that doesn’t mean more at home

Defendant shot at a cop and committed other felonies. He was sentenced to 66-132 years. He was arrested as a prohibited person with a firearm blocks from his home. The state showed no nexus to the house for other evidence … Continue reading

Posted in Good faith exception, Nexus, State constitution | Comments Off

NJ: Failure of affidavit for SW to say which apartment was def’s was fatal error under state const.

There was a reasonable basis for finding probable cause that drug sales were occurring from defendant’s house, but the affidavit for the warrant failed to show which apartment in a 30 unit complex was his. Since New Jersey doesn’t recognize … Continue reading

Posted in Good faith exception, Nexus, Probable cause, State constitution | Comments Off

PA: No REP in CI recorded video in def’s car during drug transaction; also, motion was out of time and should have been denied on that ground alone

Defendant had no reasonable expectation of privacy in his car under the state constitution from a surreptitious silent video recording of a drug transaction. The trial court erred in granting it. Indeed, the filing of the motion to suppress on … Continue reading

Posted in Motion to suppress, Reasonable suspicion, State constitution | Comments Off

HI: Fly-over of curtilage at 420′ violated REP under state constitution

Three fly-overs over the curtilage, one at 420′, was a violation of the Hawai’i Constitution, following the California Supreme Court in People v. Cook (1985). The Hawai’i Supreme Court differs from the Intermediate Court of Appeals on its analysis going … Continue reading

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