Daily Archives: June 2, 2017

Law.com/Daily Report: Students Subjected to Invasive Body Searches Sue South Georgia Sheriff

Law.com/Daily Report: Students Subjected to Invasive Body Searches Sue South Georgia Sheriff by R. Robin McDonald: An Atlanta lawyer representing students subjected to invasive body searches during a mass-and warrantless-drug sweep at a South Georgia high school says the local … Continue reading

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Stop and frisk created by SCOTUS 49 years ago today

Terry v. Ohio, 392 U.S. 1 (1968), was decided 49 years ago today, June 2d. The stop and frisk occurred on October 31, 1963. The Ohio Court of Appeals Eighth District opinion is interesting for its historical value: State v. … Continue reading

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TX14: Use of a spotlight on a boat was not a seizure

The use of a spotlight on a boat at night was not a seizure. Neale v. State, 2017 Tex. App. LEXIS 5008 (Tex. App. – Houston (14th Dist.) June 1, 2017):

Posted in Plain view, feel, smell, Seizure | Comments Off

TN: TN SCt has to adopt Herring under exclusionary rule; Ct.Crim.App. can’t

Despite the Tennessee Supreme Court’s recent changes in exclusionary rule jurisprudence, the court has not yet adopted Herring on good faith reliance on an out of date list. This court will not do it–that court has to. State v. McElrath, … Continue reading

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PA: Once SW issues for clothes and DNA removed, no further warrant needed for DNA testing

DNA lawfully seized from defendant’s clothes did not require a separate warrant to test it. Defendant doesn’t have a reasonable expectation of privacy in his victim’s DNA on him. Once DNA is lawfully taken, there is no longer any reasonable … Continue reading

Posted in DNA, Drug or alcohol testing, Reasonable expectation of privacy | Comments Off

TX4: Juvenile consented to search of room but parent objects; it’s the parent’s call

A juvenile was detained on suspicion of burglary, and the officers went back to his house. The juvenile consented, but the parent objected, and that was binding on the officers because of the control a parent has over a child. … Continue reading

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MI: Unreasonable mistake of law voids search

Defendant’s arrest was without probable cause for violating a no trespassing ordinance. It was a public place, open for business, defendant briefly entered and did nothing wrong. The search incident to the arrest thus fails too. Mistake of law as … Continue reading

Posted in Immigration checkpoints, Reasonable suspicion, Reasonableness | Comments Off

EFF: Montana Protects Communications Privacy, But Allows Gag Orders

EFF: Montana Protects Communications Privacy, But Allows Gag Orders by Andrew Crocker and Adam Schwartz (which EFF says violate the First Amendment).

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