Daily Archives: February 2, 2015

IL: Pre-Jardines dog sniff at apartment door at 3:20 am violated curtilage

The police used a drug dog to sniff defendant’s apartment door at 3:20 am. That led to a search warrant and a search of the apartment. Then Jardines was decided, and defendant moved to suppress which was granted. The court … Continue reading

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NV: Holding a pedestrian’s ID too long became an illegal detention; checking warrants became unreasonable

Holding a pedestrian’s ID too long constitutes an unreasonable seizure. Here, the officer promptly dispelled any reason for the stop, but holding on to the ID extended the stop. Then he sought warrants on the defendant, finding one, and the … Continue reading

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IN: After suppression of evidence, state can’t backdoor it into evidence by a testifying snitch

The search of the juvenile defendant’s backpack was illegal under the Fourth Amendment and Indiana Constitution, but the state backdoored the evidence by calling a snitch to identify it. This was part of the fruit of the poisonous tree and … Continue reading

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UT: Remote use of Wyoming Toolkit on computer on Gnutella P2P network not unreasonable search

Defendant consented to the police taking possession of his computer after they contacted him about finding child pornography on it via accessing it by Gnutella P2P networking and examining it remotely with the Wyoming Toolkit. This was a reasonable search … Continue reading

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D.Nev.: Dual motive stop of truck for NAS level III safety inspection and looking for drugs was valid

An administrative stop of a tractor trailer for an NAS level III safety inspection with the dual motive of looking for drugs is valid. United States v. Orozco, 2015 U.S. Dist. LEXIS 10190 (D.Nev. January 28, 2015):

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