Daily Archives: September 3, 2017

GA: Def didn’t consent: he was alternately mumbling and screaming incomprehensibly and choking and vomiting

Defendant who was handcuffed and held to the ground, alternately mumbling and screaming incomprehensibly, and vomiting or choking at times didn’t consent. State v. Osterloh, 2017 Ga. App. LEXIS 396 (Aug. 30, 2017).* The warrantless entry into defendant’s apartment violated … Continue reading

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ND: Def could not be arrested for refusing to submit to a warrantless urine test during a DUI arrest

Defendant could not be arrested for refusing to submit to a warrantless urine test during a DUI arrest. State v. Helm, 2017 ND 207, 2017 N.D. LEXIS 213 (Aug. 29, 2017). Playpen warrant sustained. United States v. Allen, 2017 U.S. … Continue reading

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CA5: Inmate strip searches on leaving a prison garment factory are reasonable security measures

Inmate strip searches on leaving a prison garment factory are reasonable security measures. There are tools and other things in the factory that could be turned into weapons. Lewis v. Sec’y of Pub. Safety & Corr., 2017 U.S. App. LEXIS … Continue reading

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E.D.N.Y.: No standing in emails obtained from def’s former company

Defendant didn’t have standing to complain that emails were produced by subpoena from a prior company he was involved with. He had no reasonable expectation of privacy in them. United States v. Shkreli, 2017 U.S. Dist. LEXIS 140150 (E.D. N.Y. … Continue reading

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