Daily Archives: June 20, 2016

SCOTUS: Utah v. Strieff: Even if stop lacked RS, finding an arrest warrant on def justified his search; the warrant is attenuated from the stop (so they can violate the 4A if there’s a warrant out)

Defendant was stopped leaving a drug house under surveillance. He gave his name, and an arrest warrant came back for him. Attenuation is found without regard to the validity of the stop. The attenuation doctrine is not limited to the … Continue reading

Posted in Attenuation, SCOTUS | Comments Off on SCOTUS: Utah v. Strieff: Even if stop lacked RS, finding an arrest warrant on def justified his search; the warrant is attenuated from the stop (so they can violate the 4A if there’s a warrant out)

DE: Patdown unreasonable; state didn’t argue for probation search and court won’t decide that

Defendant was subjected to a patdown that was unreasonable, and it is suppressed. Defendant was on probation then, and the probation search exception could have been relied on but wasn’t. The court won’t argue the state’s case for it. State … Continue reading

Posted in Burden of proof, Probation / Parole search, Reasonable suspicion | Comments Off on DE: Patdown unreasonable; state didn’t argue for probation search and court won’t decide that

CA6: Officers doing a knock-and-talk for meth were confronted with an emergency justifying entry

Officers responded to a noise complaint and ran into a guy outside who said he was there to buy methamphetamine. They went to the door and smelled meth being manufactured. Nobody answered. They went around to the back to see … Continue reading

Posted in Cell phones, Emergency / exigency, Knock and talk | Comments Off on CA6: Officers doing a knock-and-talk for meth were confronted with an emergency justifying entry