Daily Archives: March 11, 2012

MN: DV complaint was RS for stop of car

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WI: Defendant has to refuse consent or object to invoke Randolph

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WV: Cell phone seized under SW for car needs no separate SW to search it

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ND: Being ordered from car during stop not a “seizure”

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IA: Surveying many cases, a SW constitutionally need not be present at time of search

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WV adopts community caretaking doctrine

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OH2: Consent was revoked when defendant put down his arms and asked “we really have to do this?”

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CA9: Pointing guns and handcuffing during drug raid was not unreasonable

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CA11: Videotape of encounter supported summary judgment for officer on Fourth Amendment claim

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D.Ariz.: Driving less than the speed limit in the left lane was RS for stop

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S.D.Ohio: Asking about marijuana converted consent to a stop, but it was with RS

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OH10: “Come over here” was not a command; it could legally be ignored

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ND: Defendant’s pockets are not “containers” subject to search under the automobile exception

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D.Kan.: Two police officers on parole search at request of PO did not make it unreasonable

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D.Neb.: Arrest of illegal alien at work did not permit search of her purse in work locker

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IA: Private entrance to business had a REP

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D.N.M.: Gov’t showed enough to get a deposition of child victim because of risk of nonappearance; suppression hearing reopened

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S.D.N.Y. Arrest of defendant permitted search of hotel room

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