Daily Archives: May 1, 2011

FL3 conflicts with FL2 on following Hudson

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CA10: A person can live in two places at once for Payton/Steagald purposes

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WA: Potential for domestic violence here was just not enough for warrantless entry

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OH10: Defendant’s own actions corroborated CI

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NM: When RS dissipates, frisk is a fishing expedition

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LA5: Seeing butt of gun by flashlight justified seizing it when defendant ran from car

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CA10: Plaintiff loses on Fourth Amendment claim but succeeds on First Amendment retaliatory arrest claim involving former VP Cheney

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MO: Hudson applied to illegal stop [!]

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NM: Defendant’s 15 minute detention in handcuffs while SW was being executed was reasonable

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CA10: PC still found for search of defendant’s home even though he had moved after crime

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OK: Tax assessor cannot enter home for purposes of valuing real property

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NM: Not arguing CI reliability waived issue for appeal

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NM: Patdown while investigating shooting led to finding glass pipe and no weapon; seizure invalid under Fourth Amendment

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NM: 10-12 second wait for entry after knock-and-announce at 10 pm on a house was unreasonable

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E.D.Mich.: Officers’ forcible entry into a third person’s apartment for arrest of defendant on a warrant was valid

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N.D.Va.: Bankruptcy trustee can consent to search of bankrupt’s property

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