Monthly Archives: March 2012

M.D.Fla.: Defendant’s damaged gate justified an entry into his house [!]

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OH7: House-sitter had apparent authority to consent to a protective sweep

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CA3: USMJ does not need to see child porn to issue a SW for it

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CA9: Omission that target of search was in prison six months at time of the probable cause was material

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CA8: Six year old information for CP was still PC (staleness not mentioned)

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KS: Stop for obstruction did not support SI; also, defendant was handcuffed and in police car

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IN: Gant officer safety exception permits SI of vehicle if passengers remain inside

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CA3: Franks challenge on failure to include full criminal history of consenter didn’t affect consent

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CA4: Using knife to remove bag of drugs from penis in public was unreasonable

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CA1: 911 call about man with gun permitted stop of two men leaving address as officers arrived

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CA6: Where an illegal search shows other evidence to be suddenly relevant, exclusionary rule would not be applied to the other evidence

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CA8: Burden on plaintiff in § 1983 action for a warrantless arrest or search to disprove exceptions

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CA11: Seeing defendant come out of apartment twice was sufficient to link him to it for Payton purposes

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S.D.Fla.: Search incident of cell phone call log was not unlawful

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D.N.J.: After consent was given, door was locked and curtains drawn; that was exigency because officers had reason to believe drugs inside

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N.D.Ind.: No REP in informant recording conversation with defendant on curtilage

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TX11: Judge issuing SW is presumed to act with legal authority

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M.D.N.C.: Plain feel justified seizure of a pack of credit cards as contraband

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Landline: “Court enjoins Minnesota State Patrol from violating truckers’ rights” in “fatigue enforcement program”

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S.D.W.Va.: Defendant was taken down after flight on seeing the police; this was just a Terry stop

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