Daily Archives: December 19, 2011

CA9: Tasering two women was unreasonable on these facts, but qualified immunity applied

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E.D.Mo.: Inconsistent stories about travel plans was RS

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S.D.Ohio: RS was based in part on information from a “ping order” on defendant’s cell phone, for which the justification goes unexplained

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MO: 911 call that “someone was hurt and not breathing” was an invitation to the police to enter

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CA11: SW for motel room permitted search of small safe, too

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NY Kings Co.: Court order for DNA to connect defendant to gun would not be granted where there was not a strong enough showing

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S.D.N.Y.: USMJ concludes he has the authority to dismiss a complaint for lack of probable cause after having issued it; but not in this case

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OH8: Defendant bystander to a search was improperly searched; no RS he was a lookout

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CA4: Dragging woman from shower nude during raid and leaving her nude for 30-45 minutes = no qualified immunity

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OH8: Trial court was justified in not crediting officers on misdemeanor arrest that led to SI

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N.D.Ill.: Forfeiture claimant’s incredible story about ownership justified not believing him on consent to search, either

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ID: Case law on forced catheterization for a urine sample not clear, so officer gets qualified immunity

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CA1: Frisk was fruit of unlawful stop without RS

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MD: No expectation of privacy in residual DNA left in a chair defendant once sat in

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Think Progress: “Eighth Circuit Embraces Dangerous Legal Claim Endangering Undocumented Immigrants’ Fourth Amendment Rights”

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E.D.Pa.: Consent was not invalid because officer was too nice

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AL: Lost affidavit and warrant sufficiently proved

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