Daily Archives: July 7, 2017

Overseizure? I’m sure the floormat wasn’t mentioned in the search warrant

Since I have one at my house … I used to have one at my office. I let a client have it, and he was arrested after a search of his house two weeks later.

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US News & World Report: S.D. Cops Forced Catheters for Drug Testing

US News & World Report: S.D. Cops Forced Catheters for Drug Testing by Steven Nelson Authorities also allegedly catheterized a toddler because he wasn’t potty-trained.

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MA: Hot pursuit not justified for civil infraction of possession of MJ; not serious enough offense

“In this case, we consider whether the warrantless entry by police into a residence was justified where the entry was made while chasing the defendant, who fled from police during a stop for a civil infraction of marijuana possession. Concluding … Continue reading

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TX1: Shooting call a few minutes earlier justified protective sweep of apartment

The protective sweep of defendant’s apartment in response to a shooting call was reasonable. “The officers knew that there had been a shooting [just a few minutes earlier] and that at least one person had been shot. They did not … Continue reading

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FL: Appellate counsel can’t be ineffective for failing to argue a defaulted 4A claim

Appellate counsel can’t be ineffective for not arguing a Fourth Amendment claim not presented to the trial court. Peterson v. State, 2017 Fla. LEXIS 1455 (July 6, 2017). Defendant didn’t have standing to challenge the search of the car he … Continue reading

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LA4: No right to a Miranda warning when consent sought for DNA swab

Taking DNA by a buccal swab is a search, but defendant doesn’t have a right to a Miranda warning when consent is sought. State v. Cooper, 2017 La. App. LEXIS 1211 (La.App. 4 Cir. July 5, 2017). The seizure of … Continue reading

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KS implied consent statute unconstitutional under Birchfield

The Kansas implied consent statute, K.S.A. 2016 Supp. 8-1025(a), is facially unconstitutional under Birchfield. State v. Ryce, 2017 Kan. LEXIS 327 (June 30, 2017). Under the Tennessee child exploitation statute, “process” that must be executed by the prosecutor means arrest … Continue reading

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Albuquerque Journal: ACLU: Albuquerque Police mum on cellphone spying technology

Albuquerque Journal: ACLU: Albuquerque Police mum on cellphone spying technology by Maggie Shepard:

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