Daily Archives: October 11, 2014

OR: The fact that the only way into defendant’s apartment was a backdoor was not implied consent for the police to enter the curtilage

Defendant’s apartment was only accessible by a backdoor on the curtilage. The fact that the only way into defendant’s apartment was a backdoor was not implied consent for the police to enter the curtilage, and it was apparently his curtilage, … Continue reading

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VI: Matching description of robber and near the scene with money sticking out of pocket was reasonable suspicion

There was reasonable suspicion for a Terry stop of defendant when the officers knew that suspects in a robbery and shooting were still at large, likely on foot, and presumably armed, when defendant matched the description given by a citizen … Continue reading

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OR: Just asking for ID wasn’t a “stop” without more

On its third review of this case, having gone up twice, the court concludes that asking for defendant’s ID under the circumstances here was not a “stop” that required reasonable suspicion or probable cause when compared with other cases. All … Continue reading

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D.N.H.: Nervousness alone wasn’t enough to extend the stop 20 minutes

Defendant’s nervousness, exacerbated by the officer tailgating him for a long time, wasn’t enough to show reasonable suspicion to extend the stop as long as it was. All the government’s authorities are nervousness plus something else, and here there was … Continue reading

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TX3: Private election actions don’t lead to unreasonable searches: it’s private action and court can intercede

Texas provides for a private right of action in some election matters. The statutes are not facially unconstitutional under the Fourth Amendment or Fourteenth Amendment due process in potential civil discovery disputes because these are private parties asking, and the … Continue reading

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Note to readers: Updated citations haven’t been coming from Lexis; page proofs to paper supplement done

I noticed about 3 or so months ago that Lexis has not been sending me second or even third versions of cases as the citations or text update. For instances, when headnotes appear, I’d get a case again. Then the … Continue reading

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