Category Archives: Immigration checkpoints

E.D.N.C.: Def knew police were “on his tail” that he possessed CP, and that authorized warrantless seizure

The record supports the conclusion that defendant, a probationer, knew that the police were “on his tail” that he possessed child pornography and expressed concern about finding child pornography on his electronics. Thus, the police acted reasonably in seizing a … Continue reading

Posted in Emergency / exigency, Immigration checkpoints | Comments Off

TN: Laptop search issue first raised in MNT is way too late; issue waived

Defendant was convicted of four counts of rape of a child. A laptop was properly seized from his car with probable cause under the automobile exception. It was searched without a warrant. Defendant waived the search of the computer by … Continue reading

Posted in Immigration checkpoints, Motion to suppress | Comments Off

W.D.Ark.: Warrantless DNA sample 16 days after arrest was unreasonable

Warrantless taking a DNA sample from an arrestee under state law but 16 days after his arrest violated the Fourth Amendment. If it was at the time of booking, it would have been reasonable. Nominal damages awarded. Lewis v. Brazell, … Continue reading

Posted in Automobile exception, Drug or alcohol testing, Immigration checkpoints | Comments Off