Monthly Archives: January 2013

CA10: “[I]t is not clear that individuals have a constitutional right to a reasonable post-arrest investigation.”

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D.Vt.: Inmate accepting furlough subject to search

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CA3: Unexplained gesture [not called furtive] toward console justified look

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CA8: Reasonable suspicion of possible forged paper tags explained

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Democracy Now: “Bronx Residents Accosted by NYPD Win Landmark Court Ruling Deeming “Stop and Frisk” Tactic Illegal”

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TN: Path in the grass was enough to permit police to approach front door in knock and talk

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NYLJ: “Federal Judge Orders NYPD to Limit Trespass Searches”

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For What It’s Worth Dept.: “Supreme Court signals blood tests protected by Fourth Amendment”

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S.D.Tex.: Large number of weapons and potential bombmaking stuff was exigency to call ATF to arrest scene for warrantless check for bombs

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W.D.Okla.: Defense not only moved to suppress, but sought dismissal for outrageous conduct; so far off the mark request for sanctions made

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E.D.Mich.: A suspicious bulge and saying “shit” on seeing the police is not RS

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N.D.Tex.: Partial failure to follow inventory policy doesn’t render it void

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TN: No exigency per se from odor of a meth lab

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D.Minn.: Foreclosure sale doesn’t violate Fourth Amendment if otherwise reasonable

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KS: Exigent circumstances justified taking DNA swabs from handcuffed defendant

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S.D.Ohio: Firemen could enter a car responding to a call of a passed out man

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Cal.6: Defendant’s detention was unreasonable; his only matching characteristic of the assailant was being the same race and in same public place a week later

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CA6: SOL for search 1983 cases run from search, and they are not dependent on underlying criminal case

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CA10: Off-duty officer from another city working bar security was not government actor for Fourth Amendment

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M.D.Fla.: Gun found before consent withdrawn was admissible

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