Daily Archives: September 15, 2017

M.D.Pa.: Search under SW not void for failure to leave affidavit in support at scene

There was probable cause for issuance of a search warrant for defendant’s computer for child pornography, which defendant doesn’t contest, except for quibbling over a word in the affidavit about how the officer came upon defendant’s laptop because, even if … Continue reading

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TX: Dissent added to Texas’s adopting Davis good faith exception to statutory exclusionary rule

Back in March was this post: Texas finally adopts the Davis good faith exception to its statutory exclusionary rule reporting on McClintock v. State, 2017 Tex. Crim. App. LEXIS 291 (March 22, 2017). A dissent was just added in McClintock … Continue reading

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Cal.4: Probation search of “property, personal effects” reasonably includes a cell phone and its data

A probation search of “property, personal effects” reasonably includes a cell phone and its data. There are no limits on what “personal effects” means in the search condition paperwork. And, this was misdemeanor probation, and the search of the phone … Continue reading

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D.Mont.: How many ways can this vehicle search be sustained that go unmentioned?

Defendant was stopped for driving erratically through a construction zone, and when stopped, he was acting strange and officers ordered his hands up. He slowly raised them with a cell phone in hand. Hands on guns, officers approached and saw … Continue reading

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OH7: “Appellant acknowledges a hotel employee can consent to law enforcement’s entry into a hotel room if the guest has been evicted.” He was

Defendant was staying at a Comfort Inn, and the hotel quickly concluded defendant was dealing drugs from the room. He didn’t respond to their entries to get out, so they called the police who came to remove him. When defendant … Continue reading

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VA: CoA erred in reversing conviction for 4A error where it didn’t contribute to verdict

The Court of Appeals erred in reversing defendant’s conviction because of an alleged Fourth Amendment error where the uncontested evidence demonstrated beyond a reasonable doubt that a rational juror would have found him guilty without the disputed evidence, because that … Continue reading

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NLJ: Federal Judge Sues Judicial Conference Over Forced Mental Health Evaluation

NLJ: Federal Judge Sues Judicial Conference Over Forced Mental Health Evaluation by Cogan Schneier (claiming that the forced mental examination violates the Fifth and Fourth Amendments and separation of powers).

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Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions

Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions by David J. Edquist & Aaron M. Smith:

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