Monthly Archives: August 2012

CA8: 911 call led to threat to EMTs with a baseball bat and possible gun, and that justified entry

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D.V.I.: A mere late night visitor did not show that he was an overnight guest

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CA9: Even under Arvizu BP couldn’t show RS for this stop

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D.R.I. Handcuffing here unjustified and turned Terry stop into arrest

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D.Md. follows majority and does not require PC for historical cell site location data

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D.Mass.: SW for defendant at house did not permit search anywhere

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D.Ariz.: Discovery for suppression limited to that which already in existence and heading off GFE not part of it

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MA: Some impoundment of SW materials is possible on a showing of necessity by the state

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M.D.Fla.: Being ordered out of one’s car to sign a traffic ticket is not unreasonable

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D.Utah: Mexican driver’s license no reason to impound a car

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E.D.Cal.: Govt bears burden of proving scope of search within warrant

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KS: Officer’s sticking foot under closing garage door to open it was unreasonable entry into home

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IL: Asking for identifying information at a car with the hood up was not a criminal investigation

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CA11: No qualified immunity for Tasering an unarmed man in a tree to get him out

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N.D.Ala.: Crossing center line repeatedly justified stop

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CA5: Use of “electronic memory devices” not overbroad and was limited by the subject matter of the search warrant

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WY: Car that did not stop was not “stopped” or seized for Fourth Amendment purposes

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MA: Two cases: Drugs going from defendant’s house to controlled buys was nexus to the house

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TN: Anonymous tip of men with gun failed RS standard and allowed general searches

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SC: Defense counsel ineffective for misunderstanding that motel operator could consent

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