Category Archives: State constitution

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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NY Co.: Taking a “recidivist transit violator” outside the turnstiles was a reasonable detention

Plaintiff was a “recidivist transit violator” stopped for moving between cars. Taking him off the train outside the turnstiles was a reasonable detention under the state constitution. Vargas v. City of New York, 2017 NY Slip Op 27116, 2017 N.Y. … Continue reading

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TN finally rejects Aguilar-Spinelli for Gates under state constitution

After rejecting Gates in 1989 and retaining Aguilar-Spinelli as a matter of state constitutional law, Tennessee finally adopts the totality of circumstances test of Gates. State v. Tuttle, 2017 Tenn. LEXIS 190 (April 5, 2017) (see Treatise § 6.36 n.4):

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OH6: Because OH limits minor misdemeanor searches more than the 4A, search of def because of marijuana flakes on shirt was unreasonable

Defendant was a passenger in a vehicle stopped for suspicion the driver had a suspended DL because of a computer check. Defendant was made to get out of the vehicle despite being blind. The officer noted marijuana flakes on his … Continue reading

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PA holds state constitution requires exclusionary rule applies to parole and probation revocation proceedings

PA holds state constitution requires exclusionary rule applies to parole and probation revocation proceedings. The court engages in a lengthy and sensitive analysis. Commonwealth v. Arter, 2016 Pa. LEXIS 2916 (Dec. 28, 2016):

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OR: Adm subpoena was within agency’s power; third party doctrine issue saved for later with better facts

The administrative subpoena issued here by the Oregon Department of Consumer and Business Services was “squarely” within its statutory investigative power of regulating unregistered securities. “Given the factual and legal posture in which this issue arises, we resolve this case … Continue reading

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