Daily Archives: August 9, 2014

AK: Officer sticking foot in the door to keep it from closing crosses the threshold and is a Fourth Amendment entry

Officers went to a house looking for a probation absconder who had apparently disconnected his GPS. When they knocked, defendant opened the door, and the officer stuck his foot in the door. Perceiving defendant to be fidgety and nervous, they … Continue reading

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TX4: Reverses self on remand from McNeely: warrant was required

On remand from SCOTUS after McNeely, the Texas Court of Appeals in San Antonio reverses itself and held that a warrant was required for defendant’s blood draw. Aviles v. State, 2014 Tex. App. LEXIS 8508 (Tex. App. – San Antonio … Continue reading

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NYTimes: Editorial: Keeping Track: … Stop-and-Frisk

NYTimes: Editorial: Keeping Track: … Stop-and-Frisk:

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CA5: Firing assault rifle into car with suicidal driver during high speed chase not constitutionally unreasonable

An officer firing an assault rifle into a fleeing stolen car operated at high speeds by a suicidal armed man did not commit a constitutional violation. There was no constitutional obligation on the part of the officer to use less … Continue reading

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M.D.Fla.: A private party’s search of a thumb drive didn’t limit the government’s search when they provided it

A thumb drive was found with child pornography on it by a private party who turned it over to the government. The government wasn’t limited by the scope of the private party’s search as to how deep it could search. … Continue reading

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