Category Archives: State constitution

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

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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

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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

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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

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IA: Breath test of boater was valid as search incident under 4A but not state const.

“[T]he breath test [of a boater] constituted a search incident to arrest excepted from the Fourth Amendment’s warrant requirement under Birchfield.” State v. Pettijohn, 2017 Iowa Sup. LEXIS 78 (June 30, 2017):

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OR: Generalized consent to open and look in a purse at a courthouse entrance is not per se consent to search a closed container inside

Court reaffirms that generalized consent to open and look in a purse at a courthouse entrance is not per se consent to search a closed container inside. State v. Winn, 361 Ore. 636, 2017 Ore. LEXIS 422 (June 29, 2017). … Continue reading

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NH: Limited state auto exception recognized where plainly visible contents are contraband

NH recognizes limited state automobile exception under state constitution where a warrant is not required where “the police have probable cause to believe that a plainly visible item in the vehicle is contraband.” State v. Cora, 2017 N.H. LEXIS 132 … Continue reading

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ND: Separate state constitutional search argument has to be developed to be considered

Appellant’s “unconstitutional condition” argument under the Fourth Amendment has already been rejected in this case, and the state consitutitonal argument wasn’t developed. Marman v. Levi, 2017 ND 133, 2017 N.D. LEXIS 133 (June 7, 2017).* Defendant’s untimely motion for new … Continue reading

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HI imposes triggering condition in anticipatory warrants under state constitution

“We are faced with a question of first impression for this court: Does the Hawai’i Constitution require that an anticipatory search warrant identify the triggering condition on the face of the warrant? In light of the privacy protections contained in … Continue reading

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MA: SW required to access def’s text messages under SCA and state const.

The state needed a search warrant to access defendant’s text messages under the SCA and state constitution. Commonwealth v. Fulgiam, 2017 Mass. LEXIS 338 (May 5, 2017). (Massachusetts has already held that CSLI is protected under the state constitution.) “We … Continue reading

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MA: Minor deviations from the DUI roadblock plan don’t require suppression

The minor deviations from the plan for the DUI roadblock here don’t require suppression. Commonwealth v. Baker, 2017 Mass. App. LEXIS 53 (May 4, 2017). A citizen informant’s call that defendant had a knife in his back pocket justified a … Continue reading

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