Daily Archives: August 25, 2012

TX: Appellate court’s refusal to look at video of consent during appeal was error

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CA2: SW for first floor apt. could not be construed to permit search of second floor apt. too; suppression required for officer’s misconduct

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CA8: Where officer has RS for a patdown during stop, he doesn’t have to let suspect leave without a frisk

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CA8: Stop for paper plate not visible but seen after stop still permits asking for papers

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CA8: RS not needed for driver if there is for passengers

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NY2: Statute for child sex abuse victim to submit to photographing of doubtful utility violated her rights against unreasonable search and seizure

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CA9: Tough call on consent not being voluntary

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CA5: Host could consent to search of guest’s stuff

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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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