Daily Archives: February 1, 2018

Reason: Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again

Reason: Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again by Damon Root: Gorsuch advances another property rights theory of the Fourth Amendment that Alito rejects.

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DE: Totality showed nexus for court ordered GPS on def’s car as suspect in burglaries

The totality of the circumstances showed a logical nexus among burglaries, defendant’s vehicle, and defendant for placement of a GPS by court order. There was a sufficient basis for finding probable cause that defendant was the person who committed the … Continue reading

Posted in GPS / Tracking Data | Comments Off

ID: Hot pursuit onto curtilage led to abandonment of bag of meth

Defendant was speeding, and he was followed by the police. He failed to signal and turned into a long driveway that turned to unpaved, and the officer followed and defendant never slowed despite the police car having its lights on. … Continue reading

Posted in Abandonment, Curtilage, Good faith exception, Probable cause | Comments Off

Cal.4th: No statutory or inherent authority for a court to impose a search condition as a condition of bail

There is no statutory or inherent authority for a court to impose a search condition as a condition of bail. The defendant is still presumed innocent and still has a reasonable expectation of privacy. In re Webb, 2018 Cal. App. … Continue reading

Posted in Reasonable expectation of privacy, Reasonableness | Comments Off