Monthly Archives: July 2011

CA10: No REP in a triplex’s trash area

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AK: Seatbelt law was legislative prerogative, and there was no showing it was being used as a pretext here

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TX: Failure to inquire into defendant’s medical history before a BAC blood draw did not make the blood draw unreasonable

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ID: Probation condition that probationer submit to a search “at the request of” a probation officer means probationer must be present for search

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NJ: Dispatcher’s unreasonable error as to name and DOB for outstanding warrant required exclusion

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AZ: A protective sweep on conjecture there was a gun inside when the defendant was arrested outside was invalid

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CA4: Defendant’s emailing explicit photos to his ex of her 14 year old sister was PC for SW of computer and cell phone

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MT: Defendant’s justifications for crossing the fog line do not undermine the objective RS for the stop

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LA: Flight easily most important factor in totality

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VA: Passenger being IDd by computer as likely armed and with drug history justified frisk

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WI: In a knock-and-talk, opening door and slamming it was justification for an entry to prevent destruction of evidence

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OH2: Trial court erred in finding GFE applied without considering PC first; remanded

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D.P.R.: Loaning a rented car to another is a waiver of any expectation of privacy

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IN: Whether knock-and-announce is required can be determined at the scene; preapproval not mandatory

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MD: Car remote seized incident to arrest could be used to look for the car, and then a plain view occurred when the car was found

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MO: When officer discovered defendant was not the one named in a tip, defendant should have been released

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MI adopts Gant GFE

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CA4: Defendant’s escalating nervousness coupled with another car stopping nearby and then probably calling defendant was RS

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N.D.Ga.: When officer asks about “anything illegal,” consent after that is a general consent

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D.Kan.: Defendant’s drug courier profile stop was invalid

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