Daily Archives: October 4, 2017

NE: Oral and written advice of rights to refuse consent attenuated any possible minor illegal police misconduct

The officer’s misconduct, if any, wasn’t flagrant and the later written advisement and waiver of consent was attenuation. State v. Bray, 297 Neb. 916, 2017 Neb. LEXIS 178 (Sept. 29, 2017). Defendant was driving a car carrier, and he was … Continue reading

Posted in Attenuation | Comments Off on NE: Oral and written advice of rights to refuse consent attenuated any possible minor illegal police misconduct

Idaho rejects Heien mistake of law under state constitution

Idaho rejects Heien mistake of law under state constitution. State v. Pettit, 2017 Ida. App. LEXIS 75 (Sept. 29, 2017):

Posted in Exclusionary rule, State constitution | Comments Off on Idaho rejects Heien mistake of law under state constitution

D.Minn.: Search incident on a PV warrant was valid

Search incident to arrest on a DOC warrant was valid. Search incident of his backpack in the car wasn’t valid, but it was by inventory and thus inevitable discovery. United States v. Vang, 2017 U.S. Dist. LEXIS 161227 (D. Minn. … Continue reading

Posted in Probation / Parole search, Search incident | Comments Off on D.Minn.: Search incident on a PV warrant was valid