Daily Archives: June 19, 2017

Mapp v. Ohio decided 56 years ago today

Mapp v. Ohio, 367 U.S. 643 (1961), on application of the exclusionary rule to the states decided 56 years ago today. Ironically, the exclusionary rule issue wasn’t even argued in the briefs, as noted by the dissent, id. at 676-77. … Continue reading

Posted in Exclusionary rule, SCOTUS | Comments Off

D.P.R.: Secondary border inspection of def’s cell phone for evidence of dog fighting was reasonable

Defendant’s alleged fighting dogs and his cell phone were validly the subject of secondary border inspections in San Juan. United States v. Castro-Correa, 2017 U.S. Dist. LEXIS 90966 (D.P.R. June 12, 2017).* Defendant didn’t have standing to challenge the search … Continue reading

Posted in Border search, Cell phones, Standing | Comments Off

DE: Video doesn’t support state’s claim of consent; smell of MJ gave PC

The dashcam video supports the fact the license plate light was out. The court rejects the state’s argument for consent because the video doesn’t even support it. Instead, the smell of marijuana and defendant’s admission he recently smoked gave probable … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off

NE: Evidence of a recent burglary justifies entry on exigency

“Courts generally find sufficient exigent circumstances to justify the warrantless entry into a home when a police officer reasonably believes that a burglary is in progress or was recently committed therein. A burglary indicates an immediate need to secure the … Continue reading

Posted in Emergency / exigency | Comments Off

M.D.Pa.: A traffic stop can be pretextual under Whren as long as there is a real reason, too

Under Whren, the stop of a vehicle can be completely pretextual as long as a factual basis is shown. The officer said defendant was speeding, and there’s nothing in the record that suggests otherwise. United States v. Ponder, 2017 U.S. … Continue reading

Posted in Consent, Pretext | Comments Off

W.D.Mo.: SW for car unnecessary because there was PC

There was probable cause for search of defendant’s car, and that makes the search warrant for the car moot as legally unnecessary. United States v. Hudson, 2017 U.S. Dist. LEXIS 91449 (W.D. Mo. Apr. 27, 2017), adopted, 2017 U.S. Dist. … Continue reading

Posted in Automobile exception, Probable cause | Comments Off