Daily Archives: April 8, 2017

WI: Confrontation clause does not apply to suppression hearings

The confrontation clause is a trial right, so does not apply to suppression hearings. So the use of a deceased police officer’s recorded statement at a suppression hearing did not violate the confrontation clause. State v. Zamzow, 2017 WI 29, … Continue reading

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FL: Def abandoned gun by storing it in attic of friend’s house where friend said gun wasn’t allowed in house

Defendant abandoned his gun by putting it in his friend’s attic in a shoebox after he was told the gun was not welcome in the house. Heyne v. State, 2017 Fla. LEXIS 748 (April 6, 2017). The PO had reasonable … Continue reading

Posted in Abandonment, Probation / Parole search | Comments Off

TN: No consent to blood draw where def pulled out of car at gun point and told his blood was being taken

Defendant did not freely and voluntarily give his actual consent because he was pulled over by police officers, ordered out of his car at gun point, read the implied consent form, and informed that officers would hold him down and … Continue reading

Posted in Good faith exception, Voluntariness | Comments Off

TN finally rejects Aguilar-Spinelli for Gates under state constitution

After rejecting Gates in 1989 and retaining Aguilar-Spinelli as a matter of state constitutional law, Tennessee finally adopts the totality of circumstances test of Gates. State v. Tuttle, 2017 Tenn. LEXIS 190 (April 5, 2017) (see Treatise § 6.36 n.4):

Posted in Probable cause, State constitution | Comments Off

Slate: The Second Amendment vs. the Fourth Amendment

Slate: The Second Amendment vs. the Fourth Amendment by Mark Joseph Stern: Does exercising your right to carry a gun diminish your other constitutional protections? The American judiciary is currently engaged in a vigorous debate that can be summed up … Continue reading

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LATimes: Op-Ed My phone was searched at LAX, which apparently is the new normal

LATimes: Op-Ed: My phone was searched at LAX, which apparently is the new normal by Lubana Adi: One of the happiest moments in my life was the day in 1999 when I became an American citizen. Studying for the citizenship … Continue reading

Posted in Border search | Comments Off

New law review article: The Original Fourth Amendment

The Original Fourth Amendment, by Laura Donohue, University of Chicago Law Review, Vol. 83, 2016 Abstract:

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