Category Archives: State constitution

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

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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

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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

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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

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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

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

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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

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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

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