Daily Archives: January 6, 2018

CA6: “A king or a criminal may assert a violation of the Fourth Amendment.” But def loses on the merits

Defendant spent two weeks living in the apartment of another. “A king or a criminal may assert a violation of the Fourth Amendment.” He had a bedroom to himself. “The district court erred in finding that Allen did not have … Continue reading

Posted in Independent source, Standing | Comments Off

NC: Officer’s reasonable but mistaken belief that def’s picture was in a database of wanted persons made the arrest valid

The officer’s reasonable but mistaken belief that defendant’s picture was in a database of wanted persons made the arrest valid. “Additionally, the seizure of a person based on a reasonable mistake as to that person’s identity is constitutional. State v. … Continue reading

Posted in Arrest or entry on arrest, Reasonableness | Comments Off

D.Minn.: Def was a suspect in a stabbing, and police entered his property without a warrant claiming exigency; there was no exigency

Police came to defendant’s house because he was alleged to have stabbed somebody. They entered the curtilage without a warrant to look for evidence, and they found a bent bloody knife out in the rain. The warrantless entry was not … Continue reading

Posted in Curtilage, Emergency / exigency | Comments Off

D.S.D.: 4A permits taking DNA on booking from misdemeanor defendants

Defendant, a sovereign citizen, indicted for willful failure to file tax returns, when booked by the U.S. Marshal refused to be fingerprinted, photographed, or have a DNA sample taken because they were “copyrighted.” He relented as to fingerprinting and photographing … Continue reading

Posted in DNA | Comments Off