Daily Archives: December 28, 2011

CA6: There is no hierachy of interests under Randolph

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CA9: Search of car for passenger’s ID unreasonable

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CA10: Running wants and warrants during a Terry stop is reasonable

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FL4: Consent to search for weapons and drugs would not be commonly understood to mean a search of a wallet in the pocket

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FL5: The Florida loud music statute violates free speech, but the search that ensued was not suppressed because the officer was not on notice it was unconstitutional

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MA: Report of threatening man with a gun and consent to entry permitted officers to lift a pillow off his covered hand when he did not respond to them

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GA: SW for “heat loss” is for “tangible evidence” under Georgia law; tangible is something definable

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CA5: Taint was purged for confession even after plainly illegal search of suitcase

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CA6: In SI, it is how defendant could have got to part of car searched, not how officer actually did

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CA4: Defendant’s reluctance to talk to officer while his friends did was not reasonable suspicion

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N.D.Iowa: Telling defendant in “an authoritative voice” more than once to keep his hands on the dashboard was a seizure

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D.N.J.: Stop of defendant for talking to two men in front of a bodega was without RS

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TX3: SW need not state what police intend to do with blood in DWI case

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NH: Declining to follow NJ case, there is no REP in IP subscriber information

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CA5: Immigration checkpoint questioning was based on RS

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CA9: Just being an alleged child molester, without more, does not justify a SW for computers for child pornography

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CA9: Parole search of defendant’s belongings in a U-Haul truck was valid

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M.D.Ala.: RS of drug dealing justification for frisk of person and car because guns likely present

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CA4: Accidentally shooting rather than tasing a fleeing misdemeanant is objectively unreasonable

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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

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