Daily Archives: January 21, 2018

E.D.Pa.: Officer’s changed testimony about consent makes court find gov’t didn’t meet burden on consent

“After indicating that Baez verbally consented to the search of the Ford Escape, Officer Mahoney changed her testimony and indicated that she did not remember how Baez gave consent to search the vehicle. Yet, somehow, she remembers that consent was … Continue reading

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D.N.M.: Inventory was reasonable on the totality, so officers’ actual intent doesn’t matter

Defendant was arrested at someone else’s home, and he had a bag. The homeowner wouldn’t take responsibility for the bag, so it went with defendant, and its inventory was reasonable on the totality. “Thus, whether or not the Officers’ testimony … Continue reading

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N.D.Iowa: On totality, dog alert was reliable; not much difference between an “alert” and an “indication”

On the totality of the evidence, recognizing that dog sniffs can be unreliable (see quote), the court finds this one reliable. Also, there isn’t much difference here between a dog “alert” and an “indication.” United States v. Herbst, 2017 U.S. … Continue reading

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S.D.Ohio: Residential rental property is not a “closely regulated industry”

Plaintiff meets his burden to get a preliminary injunction against a city rental property inspection ordinance that had no warrant requirement for refused entry. Rental property is not a closely regulated industry. Vonderhaar v. Evendale, 2018 U.S. Dist. LEXIS 8856 … Continue reading

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