Monthly Archives: March 2014

WaPo: The drug war exception to the Fourth Amendment by Radley Balko:

Defendant was stopped for no headlights, and the officers could smell marijuana and suspected he was under the influence of alcohol or drugs. When he was handcuffed and arrested, the car was subject to search incident for the source, and … Continue reading →

Defendant was driving an ATV on the road, and an officer pursued. Defendant eluded the officer, but the officer found the ATV behind a house. The officer went to the door, a woman named Parrot answered, and the officer came … Continue reading →

Apparent hand to hand exchange of cash for something else in a high crime area where it happens all the time and this officer had made hundreds of arrests was reasonable suspicion for a stop. The officer talked to defendant, … Continue reading →

The odor of alcohol in a vehicle is not enough to justify a search. Here, it was spilled on the interior, and a search produced drugs. State v. Stevenson, 2014 Kan. LEXIS 117 (March 28, 2014), revg 46 Kan. App. … Continue reading →

“Here, the warrant directs officers to seize ‘[i]mages of child pornography and files containing images of child pornography in any form[,] wherever it may be stored or found.’ … It then, as in both $92,422.57 and Tracey, sets forth a … Continue reading →

Defendant objected to 404(b) evidence of a stop in North Carolina but only when the state offered it at trial and not before. His argument that the state failed to prove it was lawfully seized fails because he failed to … Continue reading →

Defendant’s rural property was surrounded by a barbed-wire fence and “no trespassing” signs. Police entered through his gate to do a knock-and-talk. They violated his reasonable expectation of privacy by entering. Bainter v. State, 2014 Fla. App. LEXIS 4607 (Fla. … Continue reading →

Denver Post: Colorado man sues Idaho police over “license-plate profiling” by Alison Noon:

WSJ: In These Towns, Being Annoying Is a Criminal Offense by Joe Palazzolo: Dozens of cities and states have passed strictures that equate “annoying” with “illegal.”

Defendant was sleeping in his SUV behind a business. In the SUV were his dog and a lot of his stuff. He gave a false name to the officers then ID’d himself. They found an outstanding felony warrant on him … Continue reading →

Defendant was suspected of illegal firewood cutting in a National Park. A Forest Service officer entered defendant’s property down the driveway or road, and the entry was legal. Defendant ordered the defendant off his property (“Get the fuck out of … Continue reading →

Officers can have exigency without hot pursuit. The Dorman analysis still prevails, and exigency supported the entry. United States v. Anderson, 2014 U.S. Dist. LEXIS 41773 (E.D. Pa. March 27, 2014):

Spending the night as a guest two days ago doesn’t give standing on the day of the search. Defendant left stuff there. United States v. Arzate, 2014 U.S. Dist. LEXIS 40482 (N.D. Ga. March 11, 2014):

State’s comment that defendant’s refusal to submit to DNA testing was consciousness of guilt was plain error. State v. Glover, 2014 ME 49, 2014 Me. LEXIS 51 (March 27, 2014):