Daily Archives: December 28, 2011

AZ Republic: “Arpaio case: Latinos allowed to join class-action suit”

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CA3: Defense curtilage argument seemed to undermine REP in place to be searched

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N.D.Tex.: Officer’s credibility lacking, and no legal basis for stop was shown

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Cal.: Possession of bullets and cocaine a decade earlier was harmless in penalty phase of serial gang killer with a long history of violence

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FL4: Failure to show cause for order for historical cell site location information did not permit exclusion in Florida

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UT: Officer who learns mistake for stop before contacting motorist may still talk to the motorist, and RS can develop from that

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CT: Use of a subpoena for medical records was not unreasonable search because defendant had a right to contest it

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NC: Giving false name on arrest without PC still a crime

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D.Minn.: Likely presence of gun in car make search valid under SI or automobile exception

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N.D.Ohio: “Closed” file sharing network still has no reasonable expectation of privacy in one’s computer

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NM: Passenger in a stolen car had a REP in her purse; disclaimer of ownership of bag within purse was not an abandonment

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D.Minn.: Knock-and-talk led to valid consent to look at computer in child porn case

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KS: DUI roadblock was valid; 1.6% effective rate sufficient

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OR: Passenger was free to go on side of road when she consented to a search of her purse

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OH5: One judge’s refusal to grant a search warrant does not bar the police asking for consent

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FL2: Again, pharmacy records search did not violate HIPAA or state law

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Cal.4: “Reason to believe” a suspect named in a warrant is home is less than “probable cause”

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MO: Lack of time reference for CI’s seeing drugs was lack of PC, but still GFE applied

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GA: Defendant’s probation search waiver was explained on the record at his guilty plea

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CA7: “Lawyering up” doesn’t preclude officers asking for consent

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