Daily Archives: June 23, 2012

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CAAF: Consent to UA could be withdrawn before testing under M.R.E. 314(e)(3)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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CA9: Stop at San Clemente permanent checkpoint is quite limited

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CA6: Eight individually weak factors of RS collectively were enough

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CA2: Defendant moved to suppress and government failed to do much of anything; suppression affirmed

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CA7: Even if officers said they’d seal the house and get a warrant, that did not violate the Fourth Amendment here

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CA3: Handing cell phone to LEO to open text messages was a waiver of expectation of privacy

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CA11: Truck was illegally entered, but it was inevitable discovery here

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AR: Wrong burden of proof in consent search mandates reversal; defendant’s argument presumptively valid

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CA8 rejects de facto co-conspirator standing in a vehicle

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MD: Frisk for a stop related to a parking violation that wasn’t illegal was unreasonable

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IL: Flight in a high crime area on seeing police is not reasonable suspicion

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GA: State couldn’t justify seizure of clothing in ER in a capital case

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NM: Giving laptop to another for repair and then asking for CP to be destroyed was a waiver of REP

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SD: Avoiding checkpoint is not RS in itself; more required

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UT: Stop valid where there still was some legal basis for it

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