Daily Archives: June 10, 2012

CA11 & NE: “[A] traffic violation, no matter how minor, creates probable cause to stop the driver of a vehicle”

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N.D.Fla.: Post-conviction petition can’t relitigate search without IAC claim

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WI declines to adopt a broader standard than Harris for a Payton violation

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UT: Refusal of consent does not end stop where there is RS

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UT: In CP knock and talk, defendant’s saying “maybe I ought to just destroy my computer” was exigent circumstances to seize his computer

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FL2: IAC 4th Amd. claim requires pleading that defendant would have gone to trial

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FL4: Consent involuntary after Miranda violation

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CA: Driver’s consent to search car included passenger’s bookbag

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NM explains its deferential standard of review is “substantial basis standard of review”

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TX2: State failed to show objective reasonable suspicion for detention

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NM: Armed officers and a helicopter made consent invalid

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IA: Grabbing suspect’s arm to move him implicit in stop-and-frisk

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OH9: Knowledge of what police are looking for not required for consent

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N.D.Ill.: Plaintiff was properly temporarily removed from a city council meeting when it was discovered he was armed

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