Monthly Archives: November 2012

MO: High crime area, eye contact, furtive movement RS

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CA11 follows all other circuits: Brief questioning unrelated to the stop not unreasonable; questioning not a search

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CA9: Arbitrary local rule in D. Ariz. delaying first appearances unreasonable

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FL5: Protective sweep of locked bedroom after consent entry was invalid

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ND: Entry and search was based on apparent authority, and it ended when it was found the consenter probably lacked apparent authority; the view up to then was valid

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E.D.Wis.: Consent on the whole was coerced by denying a really important telephone call while police were on the premises 40 minutes before seeking consent

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CA4: Second frisk was factually justified by first being cursory

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S.D.N.Y.: First SW wasn’t executed and second was obtained; first was valid and obviated any claim from the second

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HI follows minority rule on inevitable discovery

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D.S.D.: Year old information in sexual assault case was not stale where it was forensically possible to still find evidence

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D.Nev.: Car was inventoried before police elected to let owner come and get it; not shown to be pretextual search

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Harv.L.Rev. on Fourth Amendment cases

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CNET: “Senate bill rewrite lets feds read your e-mail without warrants”

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LA: Pushing door open after no answer at door was likely unreasonable

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TN: Administrative warrant required for production of records at grocery store which is not “pervasively regulated”

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N.D.Ind.: Snitch giving “appreciation piece” from the crack to give to a drug runner is not a Fourth Amendment issue

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W.D.Pa.: By using neighbor’s wireless router, defendant had no REP in his signal

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Citizen Media Law Center: “Another Go-Round with Recording the Police in Massachusetts”

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Welfare drug testing in Texas, too?

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IN: School security officer wasn’t acting as a LEO, so student pulling away from handcuffing wasn’t a crime

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