Monthly Archives: January 2013

CA7: Entry into defendant’s fenced backyard two hours after a shooting was still justified under exigency

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CA7: Defendant’s admission of child porn on home computer during FBI job interview supported SW

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D.D.C.: SW for robbery proceeds not stale just because a wily robber might dispose of the proceeds

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Routine border search of laptop and CDs was valid

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CO: Gant doesn’t apply to backpacks in hand when first arrested

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CA4 & 5: Two comparisons of reasonable suspicion

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OH7: Odor of marijuana about the person is PC for a search for drugs

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D.Minn.: If the prosecution is relying on inventory, they better put the policy in evidence to prove it

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NYT Editorial: “Is the Driver Drunk?” McNeeley argument Wednesday

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N.D.Ohio: Affidavit as a whole showed fair probability drugs would be found; information that defendant was trying to obtain drugs wasn’t a distinction

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D.Kan.: When officer saw a gun in car, he was justified in reaching in and removing keys

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OH5: Reasonable but mistaken suspicion still justified stop

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E.D.Tenn.: SW for house doesn’t need to limit the rooms for search

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NPR on privacy yesterday

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M.D.Ala.: Affidavit and SW subject to judicial notice in same federal court; GFE applies without showing factual basis

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S.D.Ill.: Does the exclusionary rule apply in pure civil forfeiture? Not sure.

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SCOTUSBlog: “Ask the author: Tracey Maclin on the Court and the Fourth Amendment”

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CA2: “Giving the finger” to a police officer is not disorderly conduct as a matter of law, and it violated the Fourth Amendment to arrest the plaintiff for it

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W.D.Wash.: “[i]n the case of drug dealers, evidence is likely to be found where the dealers live.”

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Notes on 2012

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