Category Archives: State constitution

LA4: When state fails to get a SW for def’s medical records, it doesn’t get a do over to fix it

In State v. Skinner, 10 So.3d 1212 (La. 2009), the state supreme court held that there was a state constitutional warrant requirement for defendant’s medical records. Failing to do it right can’t be cured by a later warrant after it’s … Continue reading

Posted in Privileges, Staleness, State constitution | Comments Off on LA4: When state fails to get a SW for def’s medical records, it doesn’t get a do over to fix it

VT reaffirms state const’l REP in posted open fields

Vermont’s state constitution grants a reasonable expectation of privacy to open fields posted with no trespassing signs. A game warden (vested by state law with all law enforcement powers) violated defendant’s reasonable expectation of privacy by entering upon his posted … Continue reading

Posted in Open fields, State constitution | Comments Off on VT reaffirms state const’l REP in posted open fields

WY: PC existed for vehicle search before dog was called in; legality of stop abandoned

Defendant’s three sentence motion to suppress said it would follow up with authority. The motion and hearing without that authority narrowed the scope of the claim and abandoned the justification for the stop and any state constitutional claim. What developed … Continue reading

Posted in Automobile exception, Dog sniff, State constitution | Comments Off on WY: PC existed for vehicle search before dog was called in; legality of stop abandoned

IA adopts tighter inventory search standard under state const. and rejects SCOTUS cases

Iowa declines to follow SCOTUS cases on the Fourth Amendment in determining validity of inventory searches under the state constitution. The asserted justifications for inventory under the Fourth Amendment hold no weight on closer examination, and vehicle owners should get … Continue reading

Posted in Inventory, State constitution | Comments Off on IA adopts tighter inventory search standard under state const. and rejects SCOTUS cases

NM: State’s DNA collection act const’l under King; def has no interest in whether his DNA might end up tested against a cold case was lawfully collected

The state has an interest in collecting DNA from arrestees, and King is followed. Defendant doesn’t make any credible argument why the state constitution should be applied except that he shouldn’t have his DNA compared to that on file from … Continue reading

Posted in DNA, Neutral and detached magistrate, State constitution | Comments Off on NM: State’s DNA collection act const’l under King; def has no interest in whether his DNA might end up tested against a cold case was lawfully collected

OR: Guest standing is functional to the relationship to the residence and here didn’t cover under the back steps

Guest standing has a functional element. Defendant was a guest in the home of another and their relationship was founded on drugs. While defendant would have standing in the home, he didn’t under the back steps, where, incidentally, he’d been … Continue reading

Posted in Standing, State constitution | Comments Off on OR: Guest standing is functional to the relationship to the residence and here didn’t cover under the back steps

PA: Information from CI’s recording in the home not suppressible even though full conversation might be

Recordings made in defendant’s house were not relied upon in issuing the search warrant for his house, so they can’t be a basis of suppression under the wiretap statute. As a Fourth Amendment matter, under Hoffa, the recordings made inside … Continue reading

Posted in Nexus, Reasonable expectation of privacy, State constitution | Comments Off on PA: Information from CI’s recording in the home not suppressible even though full conversation might be

WA: State const. requires nexus between parole violation and scope of probation search

“It is well established that an individual on probation has a reduced expectation of privacy, and a community corrections officer (CCO) may conduct a warrantless search if he or she suspects the individual has violated a probation condition. The issue … Continue reading

Posted in Nexus, Probation / Parole search, State constitution | Comments Off on WA: State const. requires nexus between parole violation and scope of probation search

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

Posted in Hot pursuit, Reasonable suspicion, State constitution | Comments Off on IN: Hot pursuit into Kentucky did not violate state constitution

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

Posted in Attenuation, State constitution | Comments Off on 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

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

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

Posted in Drug or alcohol testing, State constitution | Comments Off on IN: DRE exam requires warning of right to counsel under state const.