Daily Archives: July 7, 2015

CA1: Def consented to entry to serve an order of protection and sawed off shotgun hanging on wall was in plain view

Officers came to defendant’s house to serve a domestic abuse order of protection. He motioned for them to enter. They asked about guns, and defendant motioned to the wall where two guns were on display, one of which was a … Continue reading

Posted in Consent, Plain view, feel, smell | Comments Off on CA1: Def consented to entry to serve an order of protection and sawed off shotgun hanging on wall was in plain view

D.Md.: McNeely doesn’t require a warrant for a breath test

Under the federal implied consent law, defendant consented to a BAC breath test. McNeely doesn’t require a warrant before a breath test. “Although a driver has a constitutional right not to be tested without a warrant or a valid warrant … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion | Comments Off on D.Md.: McNeely doesn’t require a warrant for a breath test

Legal Intelligencer: The USA Freedom Act and Fourth Amendment Jurisprudence

Legal Intelligencer: The USA Freedom Act and Fourth Amendment Jurisprudence by Leonard Deutchman:

Posted in FISA | Comments Off on Legal Intelligencer: The USA Freedom Act and Fourth Amendment Jurisprudence

D.S.D.: Def’s REP in a mailed letter ended when it was opened on receipt

Defendant’s expectation of privacy in letter he mailed ended when it was received and opened. The USMJ did not abuse his discretion in not reopening the suppression hearing to ask further questions about photographs. The suppression hearing was three days … Continue reading

Posted in Reasonable expectation of privacy, Reasonableness | Comments Off on D.S.D.: Def’s REP in a mailed letter ended when it was opened on receipt

W.D.Mo.: Reaching in def’s door to grab him and pull him out to arrest was based on PC and exigency of threat of violence

Officers received a call about defendant having a sawed off shotgun and pointing it at somebody. They had enough information to be probable cause. They went to defendant’s house to arrest, and defendant came to the door but wouldn’t come … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency | Comments Off on W.D.Mo.: Reaching in def’s door to grab him and pull him out to arrest was based on PC and exigency of threat of violence

AZ: Even def lying about his identity on arrest didn’t justify search incident of cell phone

When defendant was arrested, his cell phone was seized and searched, and it could not be justified as a search incident even though defendant initially lied about his name. State v. Ontiveros-Loya, 2015 Ariz. App. LEXIS 111 (June 30, 2015). … Continue reading

Posted in Cell phones, Consent, Informant hearsay | Comments Off on AZ: Even def lying about his identity on arrest didn’t justify search incident of cell phone