Daily Archives: July 16, 2017

TN: SW for blood in one county can’t be executed in another

A search warrant for defendant’s blood was issued in Lewis County, but defendant was moved to Perry County for the blood draw. The search warrant had no effect in Perry County. State v. Nunnery, 2017 Tenn. Crim. App. LEXIS 622 … Continue reading

Posted in Reasonable suspicion, Warrant execution | Comments Off

CAAF: “Though a temporal limitation is one possible method of tailoring a search authorization, it is by no means a requirement.”

A temporal limitation on a computer search isn’t practical because it could unreasonably limit investigators’ ability to search for files within the search authorization. “Though a temporal limitation is one possible method of tailoring a search authorization, it is by … Continue reading

Posted in Computer searches, Scope of search | Comments Off

ND: Firefighter reasonably removed rifle during early part of fire entry

Firefighters in the house removed a rifle for safekeeping and safety of the fireman early into the fire scene entry, and that was reasonable under Clifford. State v. Friesz, 2017 ND 177, 2017 N.D. LEXIS 164 (July 12, 2017). “Here, … Continue reading

Posted in Administrative search, Stop and frisk | Comments Off

CA3: Public hospital’s taking child from ambulance at ER was reasonable since parents wouldn’t provide medical history or answer questions about child’s condition

Plaintiffs’ Fourth and Fourteenth Amendment claim against the defendant public hospital for taking their baby from an ambulance and treating it in the emergency room was reasonable under the circumstances. The hospital staff couldn’t get answers from the parents about … Continue reading

Posted in § 1983 / Bivens, Reasonableness | Comments Off

CA3: State court loss of suppression motion as private search was collateral estoppel to § 1983 case

Plaintiff was a student in a private university, and the RA in his dorm smelled burning marijuana in the hallway and narrowed it to plaintiff’s room. The next day, university security searched his room, and he was charged in the … Continue reading

Posted in § 1983 / Bivens, Private search | Comments Off

ND: Video supports trial court’s finding of no consent to blood test

The video of defendant’s stop supports the trial court’s finding of lack of consent, and it’s affirmed. “The district court’s decision to suppress the results of the blood test was based upon a finding Hawkins did not voluntarily consent to … Continue reading

Posted in Consent, Standards of review | Comments Off