Daily Archives: June 8, 2017

MO: Stop requires RS but arrest requires PC

“Here, the trial court erred in requiring the Director to prove there was reasonable suspicion to justify stopping Williams’ vehicle. The Director was only required to prove there was probable cause to arrest Williams for driving in violation of an … Continue reading

Posted in Plain view, feel, smell, Probable cause, Reasonable suspicion | Comments Off

MI: Search of def’s car was harmless compared to uncontested search of house

Even if the search of defendant’s car violated the Fourth Amendment, the uncontested search of his house did not, and that provides overwhelming evidence of guilt. Thus, the car search is harmless at best. Johnson v. State, 2017 Miss. App. … Continue reading

Posted in Burden of proof, Probable cause | Comments Off

TX: Dorm RA couldn’t consent to police entry to dorm room to search for drugs

An RA in a college dorm searched defendant’s room and found drugs. The police were called and they entered the room and seized the drugs. There is no dorm room exception to the Fourth Amendment. This is not the same … Continue reading

Posted in Constitutionally protected area, Private search, Reasonable expectation of privacy | Comments Off

Cal.6th: SW for house for CP didn’t permit search of second house found behind it

Police linked an IP address at the residence of the owner in San José to child pornography, and they obtain a search warrant for the Reynolds residence, garages, and outbuildings. They searched Reynolds’ place for child pornography and didn’t find … Continue reading

Posted in Scope of search | Comments Off