Daily Archives: July 10, 2011

TX6: Uncorroborated anonymous CI did not provide RS for stop

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AK: Officer’s misrepresentation as to duty to provide blood or urine sample was purged by defendant talking to counsel before consenting

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CT: Report of a person on fire in a house is an exigent circumstance for a police entry

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OH2: Report of burglary in progress was exigency for entry

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CA10: Ruse of bomb in house to conduct a search made consent coerced

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D.Alaska: Defendant proved Franks challenge that officer could not have smelled grow operation in winter

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CA7: General consent to search of a car includes prying up the rocker panels

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Cal.1: Mere social visitor had no standing under Olson; no right to sanctuary for drug dealing

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NJ: Conflict of laws: NY search was at worst a technical violation, which does not lead to exclusion

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MA: Pushing officer’s hands away to avoid a frisk was not independent assault; it was a fruit of the unjustified stop

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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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