Daily Archives: December 28, 2011

FL1: Officer’s comment on the defendant’s exercise of his right to refuse to consent violated Fourth Amendment

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WA: Computer memory cards properly searched by PO with RS other violations occurred

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E.D.Va.: Privacy Protection Act does not apply to suspects

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MS: Call to house during drug raid gave RS to stop approaching car at roadblock

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CA11: Arrest of defendant standing outside his car for selling drugs from car justified search incident

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WI: Wearing a ski mask and a hoody in a high crime area in late fall was reasonable suspicion

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CA7: Fourth Amendment applies to arrestee’s medical needs

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CA4: Entry without reason to believe defendant home was invalid

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WI: “Protective frisk” of defendant’s car justified by furtive movement and history of drugs and violence

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NY: State’s failure to raise standing in trial court is waiver of the issue

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WI: Objecting defendant not actually in the doorway not subject to Randolph

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MO: Deputy at back door to effect arrest in case defendant fled violated curtilage

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VI: Tardy response to vague shots fired call had no RS for stopping defendant

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CA9: To withdraw consent, one must object to the officers

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GA: Nervousness and failure to look officer in eye was RS

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W.D.Tenn.: No level of suspicion required to initiate a knock-and-talk

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GA: Anonymous tip, three refusals of consent, and nervousness not RS to detain for a drug dog

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IA: State material witness statute does not permit continued detention

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CAAF: Military child porn search warrant survives Franks challenge

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FL1: Tip of gun at school required police to act, and moving defendant from cafeteria was reasonable

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