Daily Archives: December 30, 2017

OH10: State law requirement of preserving additional testimony to get SW not violation of 4A; complete failure of PC means no GFE; the state has no 4A rights

Prior holding on complete failure of probable cause wasn’t cross-appealed by the state and remains law of the case. Ohio’s Rule 41 that includes that additional testimony besides the affidavit has to be transcribed and made part of the record … Continue reading

Posted in Good faith exception, Probable cause | Comments Off

D.Kan.: Driving unlicensed vehicle not ground for search under search incident or automobile exception

Driving an allegedly unlicensed vehicle doesn’t support a search incident for paperwork on the vehicle. The automobile exception didn’t support a search either because there was no probable cause. After defendant was handcuffed and away from the vehicle, a Long … Continue reading

Posted in Automobile exception | Comments Off

WaPo: A police officer fatally shot a man while responding to an emergency call now called a ‘swatting’ prank

WaPo: A police officer fatally shot a man while responding to an emergency call now called a ‘swatting’ prank by Eli Rosenberg and Herman Wong

Posted in Excessive force | Comments Off

NYLJ: Admissibility of Expert Testimony on Police Use of Force | and a video of the cross of one

NYLJ: Admissibility of Expert Testimony on Police Use of Force by Martin A. Schwartz:

Posted in Excessive force | Comments Off

WA: Shareholder or officer of closely held corp has no personal privacy interest in corporate records under state constitution

“Paul Chase, shareholder and principal officer of Red Leaf Construction Inc., appeals the trial court’s partial denial of his motion to suppress Red Leaf’s bank records. A commissioner of this court granted discretionary review. We consider, as a matter of … Continue reading

Posted in Reasonable expectation of privacy, Standing, State constitution | Comments Off

NY4: Frisk for a parking violation was unreasonable; just because def going in back of police car not good enough

Defendant was frisked without an articulable safety justification for a parking violation, and it was based on the fact the officer was putting defendant in the back of the patrol car. That’s not good enough. Also, the search of defendant’s … Continue reading

Posted in Stop and frisk | Comments Off

NY4: Man with a gun report led police within one minute to couple on street, and def abandoned gun

Police received a call of a man with a shotgun walking with a woman. Officers got there within a minute and saw a couple matching the description. No lights or siren were on. Defendant walked into a grassy area and … Continue reading

Posted in Abandonment, Burden of pleading, Motion to suppress, Reasonable suspicion | Comments Off