Daily Archives: August 25, 2012

N-M: Four hour search incident in sex assault investigation unreasonable

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UT: Defendant was let go after a stop in a store, and his Catch-22 that if he went to his car he would be arrested is not the government’s problem

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TX4: State didn’t call officer and relied on his report and failed in its burden of proving exigency

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MD adopts motel manager terminating REP in motel room

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CA7: Defendant didn’t show that his failure to be called as a witness at his suppression hearing would have changed the outcome, in light of the video

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CA11: Wife who left house after an argument could still consent to search

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CA11: Unmistakable sound of operation of gun justified entry and sweep

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S.D.Fla.: Knock-and-talk of convicted felon’s house after his frisk revealed gun in plain view, and warrantless entry justified

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W.D.Wash.: SW based on German report from activity 20 months earlier was a general warrant

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FL: Hearsay not admissible to prove Miranda waiver

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MD: Failure to train on difference between Payton and Steagald was a jury question

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NC leaves open possibility its state exclusionary rule may be differently applied

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MA: Use of multiple cars infers that defendant kept drugs in his house

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CA6: CI’s corroborated tip justified protective weapons search of car when stopped

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SC: Hollowed out blunt with loose tobacco and smell of marijuana justifies search of trunk

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KS: No bright line rule in whether a stop continues and becomes unreasonable

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MD: Knock-and-talk, entry, and seizure of premises while SW sought was not suppressed under inevitable discovery

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CA4: Finding ammo during inventory permitted search for a gun in locked compartment

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CA5: Reasonable suspicion from both driving and actions after stop

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TX: “Recently” in affidavit was sufficient to overcome staleness when coupled with ongoing drug operation

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