Category Archives: State constitution

FL2: Anonymous calls about a pick-up truck driving slowly around the block in the middle of the night in a residential low crime area wasn’t RS

Officers received two anonymous calls about a dark pickup truck with a loud muffler on a residential street in the middle of the night. Once it stopped in the street for a few seconds and then pulled off and turned … Continue reading

Posted in Attenuation, Reasonable suspicion, State constitution | Comments Off on FL2: Anonymous calls about a pick-up truck driving slowly around the block in the middle of the night in a residential low crime area wasn’t RS

KY declines to reject Hodari D. under state constitution

Kentucky’s state constitution’s search provision is based on Pennsylvania’s. Pennsylvania has rejected Hodari D. under state law. Kentucky declines to do so, too. Hunter v. Commonwealth, 2019 Ky. LEXIS 434 (Oct. 31, 2019). Post-conviction petitioner’s cell phone search issue had … Continue reading

Posted in Qualified immunity, State constitution | Comments Off on KY declines to reject Hodari D. under state constitution

IA: Failure to get ruling on state constitutional claim was waiver

Defendant barely raised the state constitutional claim below and why it should be different than the Fourth Amendment claim and in her briefing, but the issue was not decided below so it wasn’t preserved for review. State v. Lasley-Eakins, 2019 … Continue reading

Posted in Particularity, State constitution | Comments Off on IA: Failure to get ruling on state constitutional claim was waiver

OH4: Heien good faith mistake of fact doesn’t apply to a stop under a completely inapplicable ordinance

Defendant’s stop was unreasonable, and Heien’s good faith mistake of fact doesn’t apply. The city code provision dealt with turning at intersections, and the officer stopped defendant for turning into a driveway which is not an “intersection.” State v. Ware, … Continue reading

Posted in Burden of proof, Reasonableness, State constitution | Comments Off on OH4: Heien good faith mistake of fact doesn’t apply to a stop under a completely inapplicable ordinance

IA: State const. search and seizure provision to be interpreted as the 4A; that’s what the state framers wanted

The state constitution does not require a different outcome for pretextual stops than under the Fourth Amendment. It isn’t prudential to do so, and the state’s 1857 constitutional convention wanted the state to follow the Fourth Amendment. State v. Brown, … Continue reading

Posted in Abandonment, State constitution | Comments Off on IA: State const. search and seizure provision to be interpreted as the 4A; that’s what the state framers wanted

OR: Under state constitution, REP remains in trash picked up and searched other than at dump

Trash collectors picked up defendants’ trash and took it to a place where the police could search it. Under the state constitution, defendants retained a reasonable expectation of privacy in their trash. “On review, we hold that defendants retained protected … Continue reading

Posted in Reasonable expectation of privacy, State constitution | Comments Off on OR: Under state constitution, REP remains in trash picked up and searched other than at dump

WA: State attenuation is more narrow than the 4A’s, and here it wasn’t satisfied

The attenuation doctrine applies under the Washington Constitution, but it is more narrowly applied than the Fourth Amendment’s. Here is it not satisfied, and there are no intervening circumstances. State v. Mayfield, 2019 Wash. LEXIS 70 (Feb. 7, 2019):

Posted in Attenuation, State constitution | Comments Off on WA: State attenuation is more narrow than the 4A’s, and here it wasn’t satisfied

NM retains subjective element of the emergency aid doctrine for a warrantless entry from its prior case law

New Mexico retains subjective element of the emergency aid doctrine for a warrantless entry from its prior case law. It rejects that part of Brigham City v. Stuart under state constitution. State v. Yazzie, 2019 N.M. LEXIS 2 (Jan. 24, … Continue reading

Posted in Emergency / exigency, State constitution | Comments Off on NM retains subjective element of the emergency aid doctrine for a warrantless entry from its prior case law

MA: Under state const., police created exigency by attempted warrantless arrest at home suppressed

Massachusetts interprets its state constitution to provide greater protection in the home than the Fourth Amendment. Thus, when the police come to a house without an arrest warrant, they can’t use the likelihood they will create an exigency for an … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, State constitution | Comments Off on MA: Under state const., police created exigency by attempted warrantless arrest at home suppressed

UT: State const doesn’t require RS to run an LPN

“May a police officer, without reasonable suspicion of criminal activity, run a license plate check on a passing vehicle? The federal courts, interpreting the U.S. Constitution, have answered this question in the affirmative. Jennifer Oryall, who was found to be … Continue reading

Posted in State constitution | Comments Off on UT: State const doesn’t require RS to run an LPN

DE: State const’l claim Caballes should be rejected would not be considered on mere plain error review

Defendant for the first time on appeal raised a state constitutional argument that Caballes on dog sniffs as searched should be rejected. The court declines to go there on plain error review. Bradley v. State, 2018 Del. LEXIS 477 (Oct. … Continue reading

Posted in Dog sniff, Independent source, State constitution | Comments Off on DE: State const’l claim Caballes should be rejected would not be considered on mere plain error review

IN recognizes attenuation doctrine under state constitution’s exclusionary rule.

Indiana recognizes attenuation doctrine under state constitution’s exclusionary rule. Wright v. State, 2018 Ind. LEXIS 565 (Oct. 4, 2018):

Posted in Attenuation, State constitution | Comments Off on IN recognizes attenuation doctrine under state constitution’s exclusionary rule.