Daily Archives: February 15, 2017

MO: Where there are two justifications for a stop, challenging only one does not provide relief

There were two justifications for defendant’s stop. Defendant only challenged one, so it’s moot. State v. Swartz, 2017 Mo. App. LEXIS 74 (Feb. 14, 2017). The sound of defendant’s car apparently hitting another car constituted a hit and run, and … Continue reading

Posted in Burden of proof | Comments Off

WA: While impoundment was permissible, state law required reasonable alternatives be considered first

While impoundment was statutorily permitted, state law requires alternatives be explored before impoundment. Here it wasn’t, so the impoundment is suppressed. State v. Froehlich, 2017 Wash. App. LEXIS 366 (Feb. 14, 2017):

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E.D.Wis.: Rental unit inspection ordinance not violation of 4A where 21 day notice given

In a rental unit inspection ordinance case, the court declines to grant a preliminary injunction. The tenants have rights, of course, but state law permits the landlord to conduct inspections on his or her own and, most importantly, there is … Continue reading

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Cal.2d: Sandra Bullock’s stalker’s home search remains suppressed

Defendant was Sandra Bullock’s stalker arrested in her house. He lawyered up but the police kept questioning and got consent which was held involuntary by the trial court. The state appealed. They tried inevitable discovery, and that was rejected. Finally, … Continue reading

Posted in Inevitable discovery | Comments Off

MN: Arrest warrant permits entry into home of third party for arrest of guest

“Neither the United States Constitution nor the Minnesota Constitution requires police to obtain a search warrant before entering a third party’s home to execute a lawfully issued arrest warrant for a guest.” State v. deLottinville, 2017 Minn. LEXIS 55 (Feb. … Continue reading

Posted in Arrest or entry on arrest | Comments Off