Daily Archives: December 19, 2011

LA2: As inventory, this was actually a search, but valid as SI instead

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TX: Consent to search a business for a wanted man did not include bringing in a drug dog

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CA10: REP shown in unfinished commercial building; but defendants get qualified immunity

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NM: Working methamphetamine lab is exigency

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S.D.Ga.: Address in error was cured by detailed description and fact officer executing the warrant had been there before

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OH2: Possible hostage inside justified police entry

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NM: State constitutional protection in trash from the home extends to motel rooms because motel rooms are constitutionally protected places, too

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N.D.W.Va.: Unproductive protective sweep for weapon is not justification for a search for it

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KS: Call for a backup officer conveyed to the defendant she was not free to leave

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S.D.Fla.: Govt’s use of “enhanced software” to look into defendant’s computer when set up P2P was not unreasonable

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CA4 explains Terry‘s “must diligently pursue the investigation of the justification for the stop” when ICE was called

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CA10: Consent found from pointing in response to a question

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NM: Search of why fumbling motorist’s shirt was sticking out of his fly was valid based on reasonable suspcion

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D.Neb.: No IAC because, “Simply put, the suppression argument was a clear loser.”

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W.D.Mich.: MMJ licensed grower consented to entry to inspect

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FL2: Automobile exception still applied even though vehicle first spent the night in police impound

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NM restates how to preserve state constitutional argument

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W.D.Mo.: Consent to search car for evidence of “drug activity” implicitly permitted a search of cell phone

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CA6: In an export violation case, the SW was broad as it needed to be, but not overbroad, considering the extent of the investigation

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CA1: Overwhelming “shock-and-awe” entry would not lead to exclusion of the evidence

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