Daily Archives: March 27, 2017

OR: Officer’s flashlight in the eyes at night a factor in “show of authority” for a seizure

“Additionally, there is an unresolved factual issue about how the police officers used their flashlights. If an officer uses a flashlight to block a person’s view, and thereby hinders his or her ability to leave an encounter, it could contribute … Continue reading

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D.Me.: Attic is part of the premises for consent or a SW

The attic is a part of the premises, and it’s part of a consent to search a house. The First Circuit already held that a search warrant for a house includes the attic. United States v. Gardiner, 2017 U.S. Dist. … Continue reading

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CA6: Court details all the facts that make consent to search a cell phone voluntary

Defendant’s consent to search his cell phone for child pornography was voluntary. A host of facts support voluntariness. United States v. Mays, 2017 U.S. App. LEXIS 5246 (6th Cir. March 23, 2017)*:

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KS: State is bound by prior suppression ruling when it dismisses and refiles

The evidence was suppressed, and the state appealed and it was affirmed. They dismissed and refiled later. The prior ruling was “law of the case,” and the state is bound by it. State v. Parry, 2017 Kan. LEXIS 116 (March … Continue reading

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