Monthly Archives: October 2012

Army CCA: Roommate’s search of computer was accidental and private search, but later warrantless search was invalid; nevertheless, inevitable discovery lets it in

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Mobiledia.com: “In Brief: GPS, Cell Records and Warrants, Oh My!”

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CA4: D.Ct.’s findings officer could estimate speeds for stop was clearly erroneous

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CADC: Admin search warrant did not authorize seizures, but limited seizure didn’t void the rest of the search

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CA6: No REP in cell phone location data coming from phone

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CA7: Niece who was longstanding house and babysitter had common authority to consent

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E.D.N.C.: First trash pull entered curtilage, second didn’t; SW upheld for PC

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CA4: Reasonable mistaken identity was qualified immunity for three months detention as the wrong guy

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ND: Frantic woman asked police to enter house, so that was consent

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VA: SW after a consent search was based on PC

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MS: SW for evidence in car of DWI permitted seizure of data from black box

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MS: Reaching into defendants underwear to seize drugs as a search incident was reasonable

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Cal.2: Police can remove defendant and ask for consent from co-tenant; rejecting 9th Cir. authority

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CA6: Flight + reasonable suspicion = probable cause

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CA3: Dist.Ct. had discretion to recognize defendant’s admitted legal research tailored his suppression hearing testimony

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WA: School resource officer was acting as a LEO and not school official when he searched backpack in boys bathroom

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OH4: Dog alert on car justified a patdown of the driver and passenger

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S.D.Ga.: Pre-Jones GPS use valid under Davis in CA11

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CA4: DNA testing of blood clothing from a murder suspect was a Fourth Amendment violation but was in good faith

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CA3: Search of wrong house with three hour detention of occupant stated claim and overcame qualified immunity

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