Category Archives: State constitution

PA: One def pleads state constitution and wins, one doesn’t and loses

Birchfield came down after the blood draw in this case. Defendant only pled the Fourth Amendment and did not cite the state constitution. There is no good faith exception to the Pennsylvania exclusionary rule, but there is to the federal, … Continue reading

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OH follows Hudson on knock-and-announce under state constitution

The Ohio Supreme Court follows Hudson under the state constitution and holds that a violation of knock-and-announce does not justify suppression of the search. The state constitution has been applied more broadly than the Fourth Amendment on occasion, but not … Continue reading

Posted in Excessive force, Exclusionary rule, Knock and announce, State constitution | Comments Off

WA: Homeless man had REP in his tent camping in park after hours

A homeless man camping in a tent in Vancouver, WA had a privacy interest in his closed tent even though he was camping after hours. State v. Pippin, 2017 Wash. App. LEXIS 2365 (Oct. 10, 2017):

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WA: Periodic pretrial urine testing for DUI violated state constitution

The conditions of periodic urine testing imposed on the defendants as a condition of pretrial release for DUI were invalid under the state constitution because the defendants did not suffer a diminution in their privacy interests sufficient to justify the … Continue reading

Posted in Consent, Drug or alcohol testing, State constitution | Comments Off

Idaho rejects Heien mistake of law under state constitution

Idaho rejects Heien mistake of law under state constitution. State v. Pettit, 2017 Ida. App. LEXIS 75 (Sept. 29, 2017):

Posted in Exclusionary rule, State constitution | Comments Off

OR: Vehicle didn’t have to be seen moving before stop for automobile exception to apply (state constitution)

Defendant’s car didn’t have to be seen moving at the time of the stop for the automobile exception to apply. State v. Von Flue, 287 Ore. App. 798, 2017 Ore. App. LEXIS 1088 (Sept. 20, 2017)* (state constitution):

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OR: Testing for semen in 9 yo girl’s underwear obtained by private search required a SW (under state constitution)

Defendant’s housekeeper’s finding likely semen in his 9 year old daughter’s underwear and turning it over to the authorities was a private search. “[T]esting of the underwear for semen was a ‘search’ under the Fourth Amendment because it significantly expanded … Continue reading

Posted in Search, State constitution | Comments Off

CA10: That search violated CO Const. was not an issue for federal court (on habeas)

Petitioner’s habeas argument that the search of his home violated the Colorado Constitution has nothing to do with a federal conviction where the search complied with the Fourth Amendment. In any event, he already lost on that issue in the … Continue reading

Posted in Emergency / exigency, State constitution | Comments Off

MA: Riley applies under state const. to digital cameras

A digital camera, like a cell phone, can be seized incident to an arrest, but it can’t be searched without a warrant. While SCOTUS hasn’t applied Riley to digital cameras, the state constitution here affords the same protection to digital … Continue reading

Posted in Computer searches, Reasonable suspicion, State constitution | Comments Off

CO: In this recreational MJ use state, a dog sniff is a “search,” and a positive alert isn’t PC a crime is occurring

Use of a drug dog on a car is a “search” in marijuana recreational use Colorado, and a dog alert which could be of either legal or illegal substances is not probable cause. People v. McKnight, 2017 COA 93, 2017 … Continue reading

Posted in Dog sniff, Probable cause, Search, State constitution | Comments Off