Monthly Archives: December 2011

CA4: Positive ion scan for drugs on entrance of staff into prison that led to empty-handed search was protected by qualified immunity; and the ion scan issue goes only semi-decided

b2evALnk.b2WPAutP Continue reading

Comments Off on CA4: Positive ion scan for drugs on entrance of staff into prison that led to empty-handed search was protected by qualified immunity; and the ion scan issue goes only semi-decided

MA: Fresh report of rape in Jeep made search incident valid

b2evALnk.b2WPAutP Continue reading

Comments Off on MA: Fresh report of rape in Jeep made search incident valid

CA1: In a consent to search a pocket for ID, officers did not have to ignore drugs in the pocket

b2evALnk.b2WPAutP Continue reading

Comments Off on CA1: In a consent to search a pocket for ID, officers did not have to ignore drugs in the pocket

D.Utah: Two guys leaning in a car window talking was alone not RS

b2evALnk.b2WPAutP Continue reading

Comments Off on D.Utah: Two guys leaning in a car window talking was alone not RS

PA: Probation search conditions require RS and can’t be truly random

b2evALnk.b2WPAutP Continue reading

Comments Off on PA: Probation search conditions require RS and can’t be truly random

CA5: Plaintiff stated claim against TX DFPS for Fourth Amendment violation

b2evALnk.b2WPAutP Continue reading

Comments Off on CA5: Plaintiff stated claim against TX DFPS for Fourth Amendment violation

CA5: Defendant’s perjury at suppression hearing justified enhanced sentence under U.S.S.G. § 3C1.1

b2evALnk.b2WPAutP Continue reading

Comments Off on CA5: Defendant’s perjury at suppression hearing justified enhanced sentence under U.S.S.G. § 3C1.1

E.D.Mich.: Independent grounds for SW cured invalid protective sweep

b2evALnk.b2WPAutP Continue reading

Comments Off on E.D.Mich.: Independent grounds for SW cured invalid protective sweep

CA3: Taking DNA on arrest does not violate the Fourth Amendment

b2evALnk.b2WPAutP Continue reading

Comments Off on CA3: Taking DNA on arrest does not violate the Fourth Amendment

CA3: No prosecutorial immunity for failure to tell court of change in circumstances for detention of material witness

b2evALnk.b2WPAutP Continue reading

Comments Off on CA3: No prosecutorial immunity for failure to tell court of change in circumstances for detention of material witness

CA9: Leaving computer with someone to use while off to prison for a few years was apparent authority to consent

b2evALnk.b2WPAutP Continue reading

Comments Off on CA9: Leaving computer with someone to use while off to prison for a few years was apparent authority to consent

CA3: Locked exterior door to a common area in a multi-unit apartment complex does not enhance REP

b2evALnk.b2WPAutP Continue reading

Comments Off on CA3: Locked exterior door to a common area in a multi-unit apartment complex does not enhance REP

D.S.D.: Recording of telephonic search warrant request showed issuing judge was neutral and detached

b2evALnk.b2WPAutP Continue reading

Comments Off on D.S.D.: Recording of telephonic search warrant request showed issuing judge was neutral and detached

CA8: Nighttime search warrant was justified

b2evALnk.b2WPAutP Continue reading

Comments Off on CA8: Nighttime search warrant was justified

CA8: Defense counsel not ineffective for not arguing that the law should be changed

b2evALnk.b2WPAutP Continue reading

Comments Off on CA8: Defense counsel not ineffective for not arguing that the law should be changed

WA: Testimony of a witness is not subject to the exclusionary rule

b2evALnk.b2WPAutP Continue reading

Comments Off on WA: Testimony of a witness is not subject to the exclusionary rule

D.Kan.: Stop ended, but officer’s reinitiating conversation was by consent

b2evALnk.b2WPAutP Continue reading

Comments Off on D.Kan.: Stop ended, but officer’s reinitiating conversation was by consent

KY: SI of car for no DL on driver violated Gant

b2evALnk.b2WPAutP Continue reading

Comments Off on KY: SI of car for no DL on driver violated Gant

CA4: Child sexual abuse allegations did not support CP affidavit, and GFE did not apply

b2evALnk.b2WPAutP Continue reading

Comments Off on CA4: Child sexual abuse allegations did not support CP affidavit, and GFE did not apply

CA4: 15 minute stop that was only concerned with drugs was unreasonable

b2evALnk.b2WPAutP Continue reading

Comments Off on CA4: 15 minute stop that was only concerned with drugs was unreasonable