Monthly Archives: November 2012

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

b2evALnk.b2WPAutP Continue reading →

Comments Off on MO: High crime area, eye contact, furtive movement RS

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

Comments Off on 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

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

b2evALnk.b2WPAutP Continue reading →

Comments Off on 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

CA4: Second frisk was factually justified by first being cursory

b2evALnk.b2WPAutP Continue reading →

Comments Off on CA4: Second frisk was factually justified by first being cursory

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

b2evALnk.b2WPAutP Continue reading →

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

HI follows minority rule on inevitable discovery

b2evALnk.b2WPAutP Continue reading →

Comments Off on HI follows minority rule on inevitable discovery

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

Harv.L.Rev. on Fourth Amendment cases

b2evALnk.b2WPAutP Continue reading →

Comments Off on Harv.L.Rev. on Fourth Amendment cases

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

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

b2evALnk.b2WPAutP Continue reading →

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

Welfare drug testing in Texas, too?

b2evALnk.b2WPAutP Continue reading →

Comments Off on Welfare drug testing in Texas, too?

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

b2evALnk.b2WPAutP Continue reading →

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