Daily Archives: November 22, 2012

NC: Police look into backyard during attempted knock and talk violated curtilage

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NJ rejects Belton under state constitution

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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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