Daily Archives: April 12, 2017

WaPo: The Fourth Amendment and “no trespassing” signs

WaPo: The Fourth Amendment and “no trespassing” signs by Orin Kerr:

Posted in Curtilage, Reasonable expectation of privacy | Comments Off on WaPo: The Fourth Amendment and “no trespassing” signs

PA: Even though gun suppressed from unconsensual search, prior observation of gun by victim still admissible

Defendant was reported to have pointed a gun at a woman, and the police showed up. The gun was suppressed as far as his involuntary consent was concerned, but the state’s reference to the gun was not cause for a … Continue reading

Posted in Pretext | Comments Off on PA: Even though gun suppressed from unconsensual search, prior observation of gun by victim still admissible

CA7: Officer did not violate 4A in reasonably handcuffing road rage suspect until RS dissipated

The district court erred in not granting summary judgment to the officer in this § 1983 case for his use of handcuffs on the plaintiff in his mid-60’s. There was reasonable suspicion for his stop as a suspect in a … Continue reading

Posted in § 1983 / Bivens, Qualified immunity, Reasonable suspicion, Reasonableness | Comments Off on CA7: Officer did not violate 4A in reasonably handcuffing road rage suspect until RS dissipated