Monthly Archives: February 2013

E.D.N.Y.: RS for stop gives judge an opportunity to be a jerk pointing it out

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E.D.Cal.: Not owning or possessing vehicle GPS was placed on denies standing

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OH2: The city vehicle tow policy was put into evidence, and there was no evidence this inventory was pretext

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DC: Window tint stop and movement at dashboard didn’t add up to RS for Long frisk of car

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E.D.Tex.: Dog’s unproductive alert excluded under F.R.E. 403; dog not challengeable via Daubert motion

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CA5: Alleged illegal gov’t-induced private search of doctor’s records was not referred to in SW affidavit, so warrant not suppressed

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LA4: No error denying defense continuance in suppression hearing for witness without proffer

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GA: Thermal imaging is not a proper basis for a search warrant under state law, but PC otherwise exists

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CA11: 25 day delay in getting SW after revo of consent was not unreasonable here

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CA6: Fourth Amendment does not require question about DL before asking about drugs

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TX4: Priors for DUI and PC for new one supported warrantless blood draw under TX law

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TX2: That the defendant was “going to” or “fixing to” manufacture meth is not exigent circumstances

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PA: Nighttime warrantless entry for FTA on doubtful tip was unconstitutional

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MD: Violation of state SCA not subject to exclusion for lack of standing in provider information

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CA9: State appeal collaterally estops § 1983 case over same search

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D.D.C.: While gov’t has burden of proof, a tie on the credibility goes to the gov’t on objectively reasonable belief

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CA6: “Good to go” but followed by questions led to effective consent

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PA: Probation officers needed RS to made an investigative detention of a probationer on the street

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MD: Repeated noise complaints in one night justified police entry

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D.Mass.: Warrantless non-exigent entry into hotel room survived SJ motion

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