Daily Archives: July 1, 2017

WaPo: Number of fatal shootings by police is nearly identical to last year

WaPo: Number of fatal shootings by police is nearly identical to last year by John Sullivan, Reis Thebault, Julie Tate and Jennifer Jenkins: Police nationwide shot and killed 492 people in the first six months of this year, a number … Continue reading

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MO: School search merely for tardiness was unreasonable

School search of a student for merely being tardy was unreasonable under Vernonia and Earls and other cases for lack any factual basis, let alone reasonable suspicion. State v. Williams, 2017 Mo. App. LEXIS 659 (June 27, 2017):

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FL2: Crawl space below house screened off only by lattice work is a constitutionally protected area

One has a reasonable expectation of privacy in the crawl space below a Florida residence protected only by a lattice. A pill bottle seen there was argued by the state to be abandoned, but it was in a constitutionally protected … Continue reading

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LA: “Defendant thus was in the difficult position of having to both distance himself from the barbeque grill, if he hoped to be found not guilty of possession of the cocaine found inside it, and tie himself more closely to the grill, if he hoped to obtain a favorable ruling on the motion to suppress. Trying to do both, he succeeded at neither.”

Showing a reasonable expectation of privacy in the place searched but denying possession is a fine line indeed. Show too much of an expectation of privacy just to challenge the search [always a risky proposition] and you might put yourself … Continue reading

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PA can’t decide (tie vote) whether GFE permits use of product of a search where the underlying probable cause proves completely false

The Pennsylvania Supreme Court affirms on an equally divided vote whether suppression is required under the state constitution where the officer relied in good faith on an affidavit that turned out to be completely wrong. The opinion supporting affirmance notes … Continue reading

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