Daily Archives: July 10, 2011

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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CA9: Arizona v. Hicks explained

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CA8: Bringing theft victim to search scene to ID stuff did not violate the Fourth Amendment

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KS: Recording VINs during administrative search was reasonable; stolen cars found

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WA: Misdemeanor arrest was in presence of officer even though he did not make the arrest

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FL2 reaffirms that a search warrant is not required for pharmacy records

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DE: Defendant who dropped drugs when he encountered an officer who stepped in front of him was not yet “seized”

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Cato: “I Guess the ‘You Are All Criminals Act’ Didn’t Have the Same Ring”

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D.Nev.: This digital search warrant was as precise as it could be; “the nature of digital information is different from other searchable items”

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