Daily Archives: June 13, 2017

NY4: Probation condition that def consent to searches reasonably related to his crime and rehabilitation

Defendant’s probation condition that he consent to searches is reasonably related to his crime and rehabilitation. People v. King, 2017 NY Slip Op 04618, 2017 N.Y. App. Div. LEXIS 4686 (4th Dept. June 9, 2017).* “Giving due weight to each … Continue reading

Posted in Probation / Parole search, Reasonable suspicion | Comments Off

CA9: Second coordinated traffic stop after first was prolonged in violation of Rodriguez was “fruit of the poisonous tree”; cash for forfeiture suppressed

“We hold that the search of Gorman’s vehicle following the coordinated traffic stops violated the Constitution and affirm the district court’s order granting Gorman’s motion to suppress. Gorman’s first roadside detention was unreasonably prolonged in violation of the Fourth Amendment. … Continue reading

Posted in Forfeiture, Reasonable suspicion | Comments Off

KS: State’s failure to prove the inventory policy was fatal to the inventory search

State’s failure to prove the inventory policy was fatal to the inventory search. State v. Baker, 2017 Kan. LEXIS 310 (June 9, 2017):

Posted in Inventory | Comments Off

W.D.Ky.: SW for premises permits search of any vehicle parked on the property

The search warrant for the house in this case permitted a search of any vehicles on the premises, not just those belonging to the owner of the residence. In any event, the good faith exception applies. United States v. Keeling, … Continue reading

Posted in Scope of search, Warrant execution | Comments Off

M.D.Pa.: Def’s matching citizen informant’s description and location was RS, and his flight was PC

The detailed description given by a 911 calling citizen informant was reasonable suspicion when defendant was seen matching the description. When police approached him, defendant ran, and that was probable cause. United States v. King, 2017 U.S. Dist. LEXIS 88514 … Continue reading

Posted in Franks doctrine, Probable cause | Comments Off

RI: Admissions made when signing consent to search form weren’t during “custodial interrogation”

Defendant made admissions when signing the consent to search form, and he was not in custody at the time. State v. Sabourin, 2017 R.I. LEXIS 82 (June 9, 2017):

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D.Ariz.: Lifting the tarp off a parked car was reasonable as a protective sweep

Lifting the tarp off a parked car was reasonable as a protective sweep. The officer did not search the car – he only looked in it to make sure no one was hiding there. Defendant’s wife permitted entry into the … Continue reading

Posted in Abandonment, Protective sweep | Comments Off