Monthly Archives: December 2012

NE: Where the consenter knows that drugs are the object of the search, a general consent includes opening closed containers

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NJ: While cell phone records were inproperly obtained, that did not lead to the discovery of the victim’s body, so it should not have been suppressed

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NE: Defendant succeeds in showing IAC on failure to move to suppress

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CA4: Unaccounted for gun at a disturbance call justified protective sweep

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CA2: Challenging consent search for scope rather than voluntariness was strategic decision

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CA5: Reasonableness for due process purposes can equal reasonableness for Fourth Amendment purposes

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GA: A second patdown was valid even after the first turned up nothing; the RS was still there

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TN explains what is a de minimus extension of a stop

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TX13: Common law marriage to owner of car gave standing to contest its search

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M.D.Ga.: Wrongfully deported citizen stated claim against government

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OH11: Slight smell of MJ doesn’t justify search of trunk, but stronger smell does

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CA11: Handcuffing on the ground at gunpoint not necessarily an arrest

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NY4: Police did not have to question live-in girlfriend’s apparent authority where they confirmed all they needed to know

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OH9: “I’m gonna check the car real quick and get you on your way, alright?” is not a search by consent

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SSRN: “Ending the Zero-Sum Game: How to Increase the Productivity of the Fourth Amendment”

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Atlantic.com: “This Week’s Senate Scandal: Scorn for the 4th Amendment”

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TheHill.com: “Senate approves bill to reauthorize foreign surveillance programs”

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Law.com: “Toyota settlement shines light on agency’s proposed ‘black box’ rule”

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Cato.org: “Don’t Renters Have Fourth Amendment Rights?”

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Wired.com: “Feds Requiring ‘Black Boxes’ in All Motor Vehicles”

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