Daily Archives: March 9, 2012

N.D.Ga.: Potential IAC rejected as “good cause” to reopen waived suppression motion

b2evALnk.b2WPAutP Continue reading →

Comments Off on N.D.Ga.: Potential IAC rejected as “good cause” to reopen waived suppression motion

D.Kan.: Defendant’s wife had full access to consent to search of defendant’s computer

b2evALnk.b2WPAutP Continue reading →

Comments Off on D.Kan.: Defendant’s wife had full access to consent to search of defendant’s computer

C.D.Cal.: Stolen Wii had victim’s Netflix account used; IP traced back was nexus for SW for defendant’s house

b2evALnk.b2WPAutP Continue reading →

Comments Off on C.D.Cal.: Stolen Wii had victim’s Netflix account used; IP traced back was nexus for SW for defendant’s house

CO: Randolph does not prohibit protective sweep

b2evALnk.b2WPAutP Continue reading →

Comments Off on CO: Randolph does not prohibit protective sweep

D.Kan.: Citizen informant who left number was not “truly anonymous” and had first-hand information

b2evALnk.b2WPAutP Continue reading →

Comments Off on D.Kan.: Citizen informant who left number was not “truly anonymous” and had first-hand information

CA9: Govt failed to show attenuation of statement from illegal search

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA9: Govt failed to show attenuation of statement from illegal search

N.D.Ga.: Violation of parole officer’s manual not determinative; Fourth Amendment is

b2evALnk.b2WPAutP Continue reading →

Comments Off on N.D.Ga.: Violation of parole officer’s manual not determinative; Fourth Amendment is

HI: Stopping defendant of a dispersing group just because he was the easiest to stop was without RS

b2evALnk.b2WPAutP Continue reading →

Comments Off on HI: Stopping defendant of a dispersing group just because he was the easiest to stop was without RS

OR: Courthouse entry search policy was subject to arbitrary and nonstandardized application in violation of state constitution

b2evALnk.b2WPAutP Continue reading →

Comments Off on OR: Courthouse entry search policy was subject to arbitrary and nonstandardized application in violation of state constitution

WA: No clear authority on community caretaker entry of home for § 1983 case so officers have qualified immunity

b2evALnk.b2WPAutP Continue reading →

Comments Off on WA: No clear authority on community caretaker entry of home for § 1983 case so officers have qualified immunity

D.N.M.: Peering through defendant’s blinds into the house was a search

b2evALnk.b2WPAutP Continue reading →

Comments Off on D.N.M.: Peering through defendant’s blinds into the house was a search

W.D.Tenn.: Motion to reconsider is not place to raise new arguments against legality of search

b2evALnk.b2WPAutP Continue reading →

Comments Off on W.D.Tenn.: Motion to reconsider is not place to raise new arguments against legality of search

E.D.Mo.: Officer could go with an arrestee asking to go back for clothes; plain view sustained

b2evALnk.b2WPAutP Continue reading →

Comments Off on E.D.Mo.: Officer could go with an arrestee asking to go back for clothes; plain view sustained

N.D.N.C.: District court reviews de novo only those portions of a magistrate judge’s R&R to which objections are filed

b2evALnk.b2WPAutP Continue reading →

Comments Off on N.D.N.C.: District court reviews de novo only those portions of a magistrate judge’s R&R to which objections are filed

D.Guam: Actual authority to consent also supported by having key to back door, although front door key wouldn’t work

b2evALnk.b2WPAutP Continue reading →

Comments Off on D.Guam: Actual authority to consent also supported by having key to back door, although front door key wouldn’t work