Daily Archives: May 16, 2011

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

WI: Man wanted for murder on the run was sufficient exigent circumstance for entry to arrest

b2evALnk.b2WPAutP Continue reading →

Comments Off on WI: Man wanted for murder on the run was sufficient exigent circumstance for entry to arrest

N.D.Ind.: Affidavit for SW did not have to refer to God to be valid

b2evALnk.b2WPAutP Continue reading →

Comments Off on N.D.Ind.: Affidavit for SW did not have to refer to God to be valid

CA8: Private search led to search warrant for child pornography

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA8: Private search led to search warrant for child pornography

DC: CI’s handler necessary witness at suppression hearing to show PC

b2evALnk.b2WPAutP Continue reading →

Comments Off on DC: CI’s handler necessary witness at suppression hearing to show PC

CA8: Failure to do a complete inventory showed investigatory purpose

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA8: Failure to do a complete inventory showed investigatory purpose

OH7: Report of man with gun at domestic disturbance justifies a patdown

b2evALnk.b2WPAutP Continue reading →

Comments Off on OH7: Report of man with gun at domestic disturbance justifies a patdown

D.V.I.: Arrest warrant supported plain view of marijuana visible from the front door

b2evALnk.b2WPAutP Continue reading →

Comments Off on D.V.I.: Arrest warrant supported plain view of marijuana visible from the front door

CA8: Grant of motion to suppress under Franks does not prove a Hyde Amendment claim

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA8: Grant of motion to suppress under Franks does not prove a Hyde Amendment claim

CA6: Not extending hotel checkout is a waiver of REP in room

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA6: Not extending hotel checkout is a waiver of REP in room

LA4: Defendant’s encounter at the NOLA train station was consensual

b2evALnk.b2WPAutP Continue reading →

Comments Off on LA4: Defendant’s encounter at the NOLA train station was consensual

ID: The exclusionary rule does not apply in civil child protection cases

b2evALnk.b2WPAutP Continue reading →

Comments Off on ID: The exclusionary rule does not apply in civil child protection cases

FL4: Officer’s direction to turn off car engine was seizure

b2evALnk.b2WPAutP Continue reading →

Comments Off on FL4: Officer’s direction to turn off car engine was seizure