Monthly Archives: October 2011

D.Nev.: Police impoundment here was clearly pretextual for a “general rummaging”

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NYTimes.com: “Secret U.S. Memo Made Legal Case to Kill a Citizen”

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IL: Tow and inventory of car left on high school parking lot was unreasonable

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WY: IP address was PC for a CP search warrant off Limewire monitoring

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CA10: Stop produced arrest warrant, and that justified search of the car, no matter what

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NC: Expired registration stop does not support SI under Gant

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Cal.4: Stop by “roadblock” of illegal fisherman was unreasonable

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Today is the 50th Anniversary of Mapp v. Ohio and the exclusionary rule, what’s left of it

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D.N.J.: Entry into parked car with unconscious driver was justified by emergency exception

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IN: Buccal swab for DNA is a search

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D.S.C.: Arrest on porch had sufficient facts to justify protective sweep inside

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MD: Public quasi-strip search of arrestee was reasonable because of exigency

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D.Ore.: Search incident of cell phone without warrant unjustified outside of drug cases, assuming it would be valid there

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N.D.Ill.: Omitting information about CI that undermined totality of evidence justified suppression of evidence

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Cal.: Game and fish stops of vehicles are governed by administrative search exception

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TX: Mature teenager [13] had apparent authority for at least an entry

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D.Nev.: SW to Microsoft for “all records” on a hotmail account was not overbroad

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CA6: Defendant avoided officers executing a search warrant; they could handcuff and and take him down for officer safety

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D.Mass.: “You can check it if you want” is consent, even with a drug dog there; that is not coercion per se

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D.Ariz.: The gov’t failed to show that the search was by consent; by all accounts, the consent form was apparently signed after the search

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