Daily Archives: May 2, 2011

D.S.C.: Maynard‘s reasoning is “attractive,” but this court isn’t going there yet

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ID: No good faith exception to Gant, noting conflict

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ID: Glassy and bloodshot eyes RS

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ID: Officer’s holding defendant’s arm to make blood draw at scene was not unreasonable

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ID: Trial court’s crediting officer’s suppression hearing testimony was binding despite conflict with prelim testimony

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CA9: Police had no exigent circumstances for entry into house where gun was fired where there was no indication anyone inside was injured

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OH9: GPS: Whether there is a REP in not having GPS hooked to car’s wiring needs to be decided

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MS: Choice of law question was irrelevant to outcome

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M.D.Ala.: Search of defendant’s back yard violated curtilage under Dunn

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N.D.Cal.: SW for defendant’s house for bloodstained clothing and weapon was valid

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TX: Procedural default applies to state’s failure to raise standing in trial court

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OH6: Person with authority to feed the cat has no apparent authority to consent

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CA7: Use of jackhammer to break up concrete for a search for a body was reasonable

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TN: State showed nexus between defendant, his street name, and the place to be searched

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N.D.Cal.: CI’s information and surveillance still not PC here

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CA3: Denial of Rule 41(g) motion that was really a suppression motion is not appealable

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DC: One witness with hearsay did not prove exigency for hot pursuit entry for robber; had to be “trustworthy hearsay”

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TX legislature considering intrusive patdowns to be a felony without PC

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D.Ariz.: Probable false compartment in a flat bed truck near the border was RS, exacerbated by defendants’ nervousness after the stop

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W.D.N.Y.: Federal pre-conviction DNA testing regulation does not violate the Fourth Amendment

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