Monthly Archives: October 2012

CA1: Length of trip adds nothing to standing

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CA10: Facially overbroad SW gave no qualified immunity in § 1983 case

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OR: Prior arrest for possession of gun not RS with nervous demeanor during stop

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OH5: Reasonable mistake of fact that a wanted person was in the car justified stop

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OR: Violation of civil execution law made search violate state constitution

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LA3: Anonymous tip of man with gun led police to observe defendant move a rifle from one car to another; this wasn’t RS

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KY: Defendant who got out of car and locked it with remote was “recent occupant” for SI

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CA8: Third party consent seizure for later search was valid

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OR: Three factors of RS still did not add up to it; past drug use doesn’t equate with present drug use

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MN joins OH on requiring SW for cell phone

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MD: School teacher had no REP in his desk at work; it was: never locked, in a common area, used some by others

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WA: Police officer texting off a drug dealer’s iPhone not constitutional violation

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CA6 elaborates the collective knowledge doctrine

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CA8: Car rental co. could consent to search of car they were taking back

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New law review article: “The Curious History of Fourth Amendment Searches”

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D.V.I.: The fact a car search during a stop with RS comes up empty doesn’t end the RS

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New law review article: Colloquy Essays, “The Bin Laden Exception”

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