Daily Archives: July 2, 2017

MA: A civil abuse order of protection cannot be served by a traffic stop under the Fourth Amendment and the Massachusetts Constitution

A civil abuse order of protection cannot be served by a traffic stop under the Fourth Amendment and the Massachusetts Constitution. Commonwealth v. Sanborn, 2017 Mass. LEXIS 496 (June 29, 2017):

Posted in Seizure | Comments Off

FL declines to to apply Davis GFE where cell phone search issue was being actively litigated all over

Where everybody knew that the law wasn’t settled at the time of the search of defendant’s cell phone before Riley because the issue was being litigated everywhere and in this state, the state doesn’t get the benefit of the Davis … Continue reading

Posted in Cell phones, Good faith exception | Comments Off

MD: A local humane society can seize animals in distress by delegation under state statute but only with exigency

A local humane society can seize animals in distress by delegation under state statute but only with exigency and only to the extent necessary to protect the animal. Rohrer v. Humane Soc’y of Washington Cty., 2017 Md. LEXIS 456 (June … Continue reading

Posted in Emergency / exigency | Comments Off

GA: Minor didn’t consent to DUI blood draw

The trial court’s finding that a minor’s consent to a blood draw was invalid is affirmed on appeal. The trooper signed the consent form for him. In the Interest of C.W., 2017 Ga. App. LEXIS 329 (June 28, 2017).* Late … Continue reading

Posted in Consent, DNA | Comments Off