Monthly Archives: May 2011

D.Utah: Protective sweep does not permit looking inside a computer bag, but it does permit moving it

b2evALnk.b2WPAutP Continue reading →

Comments Off on D.Utah: Protective sweep does not permit looking inside a computer bag, but it does permit moving it

OH5: Written or specific oral findings not required on a motion to suppress; denial is enough

b2evALnk.b2WPAutP Continue reading →

Comments Off on OH5: Written or specific oral findings not required on a motion to suppress; denial is enough

D.Kan.: Kansas Highway Patrol “two-step” during traffic stop led to valid consent

b2evALnk.b2WPAutP Continue reading →

Comments Off on D.Kan.: Kansas Highway Patrol “two-step” during traffic stop led to valid consent

SF Bay Citizen: “SF Public Defender: Surveillance Video Shows Police Officers Lied”

b2evALnk.b2WPAutP Continue reading →

Comments Off on SF Bay Citizen: “SF Public Defender: Surveillance Video Shows Police Officers Lied”

MO: Unduly prolonged stop’s questioning and “fishing expedition” makes void use of drug dog

b2evALnk.b2WPAutP Continue reading →

Comments Off on MO: Unduly prolonged stop’s questioning and “fishing expedition” makes void use of drug dog

IN AG to seek limited rehearing in Barnes

b2evALnk.b2WPAutP Continue reading →

Comments Off on IN AG to seek limited rehearing in Barnes

Volokh: Gun Rights Groups on GPS case

b2evALnk.b2WPAutP Continue reading →

Comments Off on Volokh: Gun Rights Groups on GPS case

BLT: “In D.C. Circuit, DOJ Defends Secrecy Of Cell Phone Tracking”

b2evALnk.b2WPAutP Continue reading →

Comments Off on BLT: “In D.C. Circuit, DOJ Defends Secrecy Of Cell Phone Tracking”

FL4: Statement to defendant that she could not avoid encounter without consenting to search was hardly a true consent

b2evALnk.b2WPAutP Continue reading →

Comments Off on FL4: Statement to defendant that she could not avoid encounter without consenting to search was hardly a true consent

E.D.Tenn.: Protective sweep of house proper here even though defendant arrested outside

b2evALnk.b2WPAutP Continue reading →

Comments Off on E.D.Tenn.: Protective sweep of house proper here even though defendant arrested outside

S.D.Ill.: Inventory valid even though vehicle not towed

b2evALnk.b2WPAutP Continue reading →

Comments Off on S.D.Ill.: Inventory valid even though vehicle not towed

LAT: “State lawmakers weigh anti-piracy bill to allow warrantless searches of CD and DVD makers”

b2evALnk.b2WPAutP Continue reading →

Comments Off on LAT: “State lawmakers weigh anti-piracy bill to allow warrantless searches of CD and DVD makers”

New law review article: “The Fourth Amendment at a Three-Way Stop”

b2evALnk.b2WPAutP Continue reading →

Comments Off on New law review article: “The Fourth Amendment at a Three-Way Stop”

W.D.Tenn.: Giving DL back de-escalated stop, and consent thereafter was valid

b2evALnk.b2WPAutP Continue reading →

Comments Off on W.D.Tenn.: Giving DL back de-escalated stop, and consent thereafter was valid

D.Conn.: The issue under the automobile exception is “inherent mobility,” not “probable mobility”

b2evALnk.b2WPAutP Continue reading →

Comments Off on D.Conn.: The issue under the automobile exception is “inherent mobility,” not “probable mobility”

OH12 permits GPS without a warrant under Fourth Amendment rejecting Weaver and Jackson and ignoring Maynard

b2evALnk.b2WPAutP Continue reading →

Comments Off on OH12 permits GPS without a warrant under Fourth Amendment rejecting Weaver and Jackson and ignoring Maynard

NC: Handcuffs did not automatically make defendant’s detention an arrest

b2evALnk.b2WPAutP Continue reading →

Comments Off on NC: Handcuffs did not automatically make defendant’s detention an arrest

D.N.M.: Giving officers discretion to decide whether to tow or not was not an unconstitutional inventory policy

b2evALnk.b2WPAutP Continue reading →

Comments Off on D.N.M.: Giving officers discretion to decide whether to tow or not was not an unconstitutional inventory policy

CA4: No REP in a cell phone she loaned to her boyfriend that the police seized

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA4: No REP in a cell phone she loaned to her boyfriend that the police seized

N.D.Okla.: Taking the defendant’s ID is a seizure of the person because no one would feel free to leave

b2evALnk.b2WPAutP Continue reading →

Comments Off on N.D.Okla.: Taking the defendant’s ID is a seizure of the person because no one would feel free to leave