Category Archives: State constitution

NJ: Failure of affidavit for SW to say which apartment was def’s was fatal error under state const.

There was a reasonable basis for finding probable cause that drug sales were occurring from defendant’s house, but the affidavit for the warrant failed to show which apartment in a 30 unit complex was his. Since New Jersey doesn’t recognize … Continue reading

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PA: No REP in CI recorded video in def’s car during drug transaction; also, motion was out of time and should have been denied on that ground alone

Defendant had no reasonable expectation of privacy in his car under the state constitution from a surreptitious silent video recording of a drug transaction. The trial court erred in granting it. Indeed, the filing of the motion to suppress on … Continue reading

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HI: Fly-over of curtilage at 420′ violated REP under state constitution

Three fly-overs over the curtilage, one at 420′, was a violation of the Hawai’i Constitution, following the California Supreme Court in People v. Cook (1985). The Hawai’i Supreme Court differs from the Intermediate Court of Appeals on its analysis going … Continue reading

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OH4: Knock-and-announce is not a 4A exclusion issue, and no justification shown for state const. to have different result

Failure to knock-and-announce was not a Fourth Amendment violation, and defendant gave no justification for extending the state constitution. State v. Robinson, 2017-Ohio-8274, 2017 Ohio App. LEXIS 4658 (4th Dist. Sept. 27, 2017). Defendant waived his knock-and-announce claim by not … Continue reading

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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

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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

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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):

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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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