Daily Archives: October 5, 2017

CA11: Ordinance for rental property inspections not unconstitutional on face; has an admin warrant requirement

The City of Lauderhill’s rental property inspection ordinance is not unconstitutional on its face under the Fourth Amendment. It does provide for an administrative warrant if one is required. 2051 Lush Apts., LLC v. City of Lauderhill, 2017 U.S. App. … Continue reading

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TX1: Money was lawfully seized by SW from attorney’s bank account as proceeds of theft

The state seized $80,600 from a criminal defense lawyer’s bank account transferred from IOLTA account that was alleged to be the proceeds of crime. The attorney claimed it was earned attorney’s fees under his retainer agreement. “At the hearing, Fisch … Continue reading

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ID: Stop was lengthy but still reasonable as stuff developed

The stop was lengthy, but it was still reasonably conducted to pursue legitimate investigative ends as stuff developed during the stop. State v. Fenton, 2017 Ida. App. LEXIS 73 (Sept. 29, 2017). The officers’ encounter with defendant wasn’t a seizure. … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off

NM: “Birchfield does not prohibit the introduction of evidence of, and commentary on, evidence establishing a defendant’s refusal to take a blood test.”

“Birchfield does not prohibit the introduction of evidence of, and commentary on, evidence establishing a defendant’s refusal to take a blood test.” State v. Storey, 2017 N.M. App. LEXIS 75 (Sept. 28, 2017):

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NM: Vehicle impoundment does not entirely depend upon there being an arrest of the driver; community caretaking function can justify it

An impoundment does not entirely depend upon there being an arrest of the driver. Usually, it does, but it certainly can if impoundment is required under the community caretaking function for some other reason. Here, defendant was taken to the … Continue reading

Posted in Community caretaking function, Inventory | Comments Off

Cato: BREAKING: FISA Section 702 Reauthorization Bill Circulated

Cato: BREAKING: FISA Section 702 Reauthorization Bill Circulated by Patrick G. Eddington Earlier this afternoon, the House Judiciary Committee circulated its draft FISA Sec. 702 reauthorization bill. This is a preliminary readout of the major problems I see with this … Continue reading

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