Daily Archives: November 11, 2015

CA7: GPS installation 2 yrs before Jones was in good faith no matter how you cut it

Here the GPS was put on defendant’s vehicle two years before Jones and stayed 55 days. It was replaced repeatedly because of dead batteries or because it fell off. Defendant tried to get around Davis good faith by arguing that … Continue reading

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NY2: Def was accosted on the street without reasonable suspicion, and def’s flight and abandonment was precipitated by unlawful police action

Defendant fled from the police and dropped a gun. His being accosted was without reasonable suspicion and his flight was not reason to arrest. Dropping the gun while being chased is suppressed. “Detective Lunt’s experience with gang activity, his awareness … Continue reading

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OR: Anal cavity search could not be justified by search incident doctrine

Anal cavity search for drugs at the stationhouse, rather than on the street, could not be justified as a search incident. It was so intrusive that a warrant was required under the state constitution. State v. Scruggs, 274 Ore. App. … Continue reading

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