Category Archives: State constitution

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

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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

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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

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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):

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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

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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

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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

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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

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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):

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IN: Pirtle on advice of rights before person in custody asked for consent doesn’t apply to DRE

Defendant has no right to counsel before being asked for consent to a DRE. Pirtle on advice of rights before obtaining consent from a person in custody doesn’t apply here. Dycus v. State, 2018 Ind. LEXIS 564 (Oct. 3, 2018):

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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

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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

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