Monthly Archives: July 2009

FL3 rejects FL4’s Rabb and holds dog sniff at front door is lawful

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WI: Misdelivered letter opened by police officer at home was not state action

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WI: SI permitted search of eyeglasses case found below driver’s door after stop

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GA: Police could photograph area where they were admitted by consent even though consent to search was denied

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E.D.Tenn.: Reopening suppression hearing on court’s own motion discretionary

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IA: Parole agreement permitted suspicionless searches under Samson

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AZ: Prospective warrant for Western Union records was based on PC that evidence of human and drug smuggling would be found

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E.D.N.Y.: Money laundering SW did not mention other businesses involved, but recognized that others would be; SW permitted records search of those businesses when they were found

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D.V.I.: Border search on flight from Atlanta proper

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S.D.Tex.: Defendant had standing to challenge search of her own purse; when she was in the police car, SI was improper

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KS: Gant makes state SI statute unconstitutional

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D.Mass.: USMJ does not buy officer’s version of stop

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CA8: Facility wide strip searches for a smuggled cell phone were unreasonable as to pretrial detainees

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Dog alert on car did not translate into reason to pat down the driver

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D.Del.: Welfare check search for defendant was unreasonable where officers did not find him and then continued into a tackle box for evidence

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CA5: SWAT team cannot conduct administrative search

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D.C.Cir.: DOT regulation requiring observation of urine test to prevent cheater satisfied Fourth Amendment

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CA3: Technical violation of DEA inventory policy did not justify suppression

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D.Mass. on search incident of cell phones

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MA: Stop, handcuffing, and removal for a showup not an arrest

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