Daily Archives: October 2, 2012

NC: Plain feel of hard object between butt cheeks validly led to finding crack

b2evALnk.b2WPAutP Continue reading →

Comments Off on NC: Plain feel of hard object between butt cheeks validly led to finding crack

CA11: Officers investigating child porn by knock-and-talk entered for welfare check; subsequent entry was by consent and attenuated

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA11: Officers investigating child porn by knock-and-talk entered for welfare check; subsequent entry was by consent and attenuated

CA1: Length of trip adds nothing to standing

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA1: Length of trip adds nothing to standing

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

CA8: Third party consent seizure for later search was valid

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA8: Third party consent seizure for later search was valid

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

b2evALnk.b2WPAutP Continue reading →

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

MN joins OH on requiring SW for cell phone

b2evALnk.b2WPAutP Continue reading →

Comments Off on MN joins OH on requiring SW for cell phone

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

CA6 elaborates the collective knowledge doctrine

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA6 elaborates the collective knowledge doctrine

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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