Daily Archives: May 13, 2017

OH: School protocol to search unattended book bags made this search reasonable

“Based on the facts of this case, we hold that the school’s protocol requiring searches of unattended book bags—to determine ownership and whether the contents are dangerous—furthers the compelling governmental interest in protecting public-school students from physical harm. We further … Continue reading

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N.D.Ga.: The Franks doctrine applies only to factual misstatements, not legal conclusions

Following United States v. Barnes, 126 F. Supp. 3d 735, 740 (E.D. La. 2015), the Franks doctrine applies only to factual misstatements, not legal conclusions. United States v. Tabares, 2016 U.S. Dist. LEXIS 186540 (N.D.Ga. June 3, 2016), adopted, 2017 … Continue reading

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N.D.Ala.: Police had discretion to return car to rental company after inventory search

Police had the discretion under the inventory policy to conduct the inventory and then allow the car to go back to Enterprise car rental rather than the police impound lot. Also, a disturbed panel in the car permitted the inventory … Continue reading

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FL: Photographs of house interior taken during search for bank card could be used at trial

Defendant was a suspect in a murder, and the police had probable cause for a search warrant for his house to look for the victim’s bank card. They did not find the bank card, but they took 150 photographs of … Continue reading

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D.Nev.: Officer came to def’s house on a domestic call and had no RS def was armed; frisk invalid

Responding to a domestic call, the officer met defendant at the door and he was compliant and holding a bag. There was no reason to believe that defendant was armed, but a stop and frisk was done, actually finding a … Continue reading

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