Daily Archives: November 23, 2015

FourthAmendment.com recognized in ABA Journal’s Blawg 100

Coming in Dec. 1 ABA Journal, online today. To those who voted, thank you. I didn’t know I was nominated this year. I was told by somebody I was last year but obviously didn’t make it then.

Posted in Uncategorized | Comments Off on FourthAmendment.com recognized in ABA Journal’s Blawg 100

NY2: When def was removed from apartment building without gun he carried in, reentry to retrieve it was unreasonable

Officer saw defendant in the middle of the street talking irately on his cell phone. They approached and he ran. When he was running, they could see a gun in his belt. They followed to his apartment. The ESU was … Continue reading

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DC: Warrantless anal cavity search in courthouse cellblock not shown to be reasonable

The government failed to carry its burden that the anal cavity search of defendant in a courthouse cellblock was reasonable without the use of medical personnel. They may not always be required, but they may be, and what case law … Continue reading

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GA: Overlong stop was reasonable here because officer was dealing with two cars

Defendant was not seized, although the stop was long. There was another driver in another car also being dealt with, and the officer had to get another to the scene. Defendant was never told he was under arrest, nor was … Continue reading

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OH4: Defendant didn’t have standing to challenge pole camera surveillance of friend’s house

Defense counsel was not ineffective for not raising a technical challenge that, at the time, was meritless but the law later changed. The exclusionary rule wouldn’t apply. He also lacked standing to challenge pole camera surveillance of somebody else’s house. … Continue reading

Posted in Pole cameras, Reasonable suspicion, Standing | Comments Off on OH4: Defendant didn’t have standing to challenge pole camera surveillance of friend’s house

OR: Stop was with RS, but it dissipated with consent search that came up empty

Defendant might have been stopped with reasonable suspicion, but it dissipated. Defendant had scabs on his arm from IV drug use. Defendant even consented to a search of his car that turned up nothing. At that point, defendant should have … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off on OR: Stop was with RS, but it dissipated with consent search that came up empty