Monthly Archives: June 2012

MI: MMJ patient without his ID card could be arrested for possession even if immune from prosecution

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D.Mass.: Length of detention on RS was justified by defendant’s actions, so it wasn’t unreasonable

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E.D.Cal.: § 1983 claim of wrongful anal cavity search was barred by Younger

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NY1: NYPD frisk of juvenile was without factual basis

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NYTimes: “Police Had Unusual Access to Nightclub Data, Suit Says”

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NLJ.com: “High court’s GPS ruling may have minimal impact because cellphone tracking is legal”

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E.D.Tex.: Defendant who says voice recordings not his has no standing to challenge their seizure

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E.D.Ky.: Police ability to conduct SI of cell phone didn’t depend on defendant’s ability to alter the phone’s contents

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SCOTUS: AZ “papers please” law can lead to unconstitutional detentions

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M.D.Fla.: Officer’s uncorroborated but uncontradicted testimony showed the dog well trained

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D.Utah: No differing standard of justification for a seizure v. a search

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New law review article: “The Mosaic Theory of the Fourth Amendment” by Orin S. Kerr

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OH2: Seizure of cell phone with PC to get SW was valid

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Sun-Sentinel: “State seeks to expand secret tracking program that uses cellphones, GPS”

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OR warrantless CI eavesdropping statute requires exigency and PC

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WA rejects Thornton application to Gant under state constitution

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NM: Search incident of pockets in DUI arrest was reasonable because of possibility defendant was under influence of drugs, too

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CAAF: Consent to UA could be withdrawn before testing under M.R.E. 314(e)(3)

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N.D.Ga.: Illegal search followed by unMirandized statement followed by Mirandized statement were all suppressed

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DC: Signing for package in controlled delivery with fake name was more than mere acceptance

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