Daily Archives: January 1, 2018

There are six pending SCOTUS Fourth Amendment cases

Six pending SCOTUS Fourth Amendment cases

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NYTimes: The Failed War on Drugs

NYTimes: The Failed War on Drugs by George P. Shultz and Pedro Aspe:

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Book on sale through midnight PT Jan. 2

Enter NEW2018 at checkout or Call 800.223.1940

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Today is [or maybe] the 414th anniversay of Semayne’s Case and judicial recognition of knock-and-announce and the castle doctrine

Today (as best as can be determined) is the 414th anniversary of Semayne’s Case recognizing both knock-and-announce and the castle doctrine at common law. Back then, the dates of decisions weren’t as important and they appeared in reporters well after … Continue reading

Posted in Common law, Knock and announce, SCOTUS | Comments Off

OH6: Warrantless blood draw from believed to be dying motorcyclist valid

A warrantless blood draw from defendant was reasonable where, at the scene of his motorcycle accident on I-75 hitting the rear of a car when it was travelling approximately 102 in a 65 and killing his passenger throwing her 450′ … Continue reading

Posted in Drug or alcohol testing, Standing | Comments Off

IN: DRE exam requires warning of right to counsel under state const.

The Indiana Constitution recognizes a right to warning that counsel may be consulted of a person in custody before a consent search is sought in Pirtle v. State, 323 N.E.2d 634 (Ind. 1975). That has been held not to apply … Continue reading

Posted in Drug or alcohol testing, State constitution | Comments Off

OR: Mobility is all that’s required for auto. exception under state const. too

As long as the vehicle was mobile and there was probable cause, the automobile exception applies. “In sum, the automobile exception applies in this case because defendant’s car was mobile when officers encountered it in connection with defendant’s felony arrest … Continue reading

Posted in Automobile exception, State constitution | Comments Off

D.Nev.: Good cause shown for execution of SW at night because of neighborhood children

The government showed good cause for execution of a search warrant at night because of defendant’s house’s proximity to a school on break that would likely have kids around in the day in case the raid became violent. In any … Continue reading

Posted in F.R.Crim.P. 41, Nighttime search | Comments Off

IL: ER dr. ordered forced catheterization from combative female for urine sample; wasn’t state action because two police officers helped hold her down

Defendant was involved in a vehicle accident and hospitalized. The ER doctor needed to know whether she was on drugs, and he ordered forced catheterization to get urine since defendant was combative. Two officers who also wanted to know whether … Continue reading

Posted in Drug or alcohol testing, Private search | Comments Off

OH2: Using a car protective spray on interior expecting a search to occur is tampering with evidence

Spraying a car interior protective spray on the inside of a car involved in a crime when expecting that a search would occur for fingerprints and DNA supported defendant’s conviction for tampering with evidence. State v. Scott, 2017-Ohio-9316, 2017 Ohio … Continue reading

Posted in Consent, Warrant execution | Comments Off

PA: Alluding to a SCOTUS case without fleshing out how it applies held waiver when argument complicated

The defense didn’t properly frame its argument under Birchfield about forced implied consent and thus didn’t preserve error. “We cannot conclude that the trial court erred in denying Appellant’s suppression motion that vaguely cited to Birchfield.” Commonwealth v. Smith, 2017 … Continue reading

Posted in Burden of pleading | Comments Off