Monthly Archives: November 2012

FL1: Defense affidavits at suppression hearing on merits improper hearsay

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NYT: “Judge Bars Testimony by Expert in Frisk Suit”

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S.D.N.Y.: Using a flashlight can still make a plain view

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CA11: Slight delay at a toll booth to record LPN of vehicles paying with $100 bills was not a “seizure”

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TX2: Community caretaking function couldn’t justify stop without a showing of motorist distress

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ND: No exigency for a marijuana grow warrantless search

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C.D.Ill.: In a computer search warrant for passport fraud, looking at video files violated the Fourth Amendment

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IN: Search of a pen cap after removing it from pocket during stop and frisk was unreasonable; it was obvious it wasn’t a weapon

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Reason Science Correspondent Ronald Bailey Talks DNA Testing Without Warrants

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The blogosphere finally notices the assault on email privacy via the Patraeus affair and email searches

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D.Mass: RS before defendant’s traffic stop justified his frisk

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CA10: Defendant’s own consent after police entry but before search purged the taint, if there was one

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CA9: CPS seizure of child was proper under special needs exception

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IA: Furtive movement when LEO appeared at window justified search for weapon

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WA: Failure to specify time of CI’s observation led to staleness finding

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AZ: “Searching under beds is within the ambit of a protective sweep”

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WSJ: “Affair Highlights Uncertainty of Email-Privacy Laws”

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E.D.Tenn.: Question to defendant whether gun was loaded was not a Miranda violation

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Congressional Research Service on electronic privacy

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W.D.N.Y.: Moving motorist between cars is not an arrest

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