Daily Archives: December 28, 2011

Cal.3: Dog alert on a backpack that showed parts of a methamphetamine lab but no drugs did not show the dog to be unreliable

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MD: By wearing one’s pants below the buttocks exposing underwear, the officer reaching in underwear in the back to retrieve drugs was not unreasonable

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ND: Consent to search room with guns pointed at defendant was not voluntary

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TX: The affidavit for the SW was read hypertechnically and not with deference to the issuing magistrate

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IA: Police car’s strobe lights are a command to stop

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OR: Even though stop was invalid, consent was [somehow] attenuated

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GA: Defendant abandoned property leaving it in another’s outbuilding for three months

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E.D.Penn.: When Fourth Amendment question is not instructive, GFE decided first

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CA1: District Court erred in denying hearing on motion to suppress whether private search was exceeded

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CA8: Nighttime knock-and-talk is inherently more coercive

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CA8: Police violated curtilage going on driveway to back yard

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D.S.D.: Minor error in tribal search warrant did not violate Rule 41 or Fourth Amendment

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KY: Mid-trial suppression motion was here timely

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D.Vt.: When female suspect consented to a search of her person, it was reasonable to wait for a female officer to do it

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CA3: Defendant was a trespasser and had no standing

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AZ: Going into garage to look at car instead of doing “knock and talk” at door was unreasonable

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CT: Stepping over a gate on a gated driveway was a warrantless entry onto the curtilage

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“I love the smell of [marijuana] in the morning.”

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FL5: LoJack telling police where stolen computer was at request of victim did not violate Florida Security of Communications Act

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CA7: IAC claim belied by everything defendant said in court before the 2255 was filed

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