Daily Archives: December 24, 2018

Reason: Kansas Supreme Court Says Cops Can Search Your Home Without a Warrant If They Claim It Smells Like Pot

Reason: Kansas Supreme Court Says Cops Can Search Your Home Without a Warrant If They Claim It Smells Like Pot by Jacob Sullum: Cops supposedly smelled 25 grams of pot inside a plastic container inside a safe inside a closet … Continue reading

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CA9: Seizure of a vehicle for 30 days for no DL without alternatives was unreasonable

Plaintiffs get summary judgment on their damages claim against the County and officers for impounding vehicles if the driver never had a valid DL rather than letting others take the vehicle. It was an unreasonable seizure. The state has a … Continue reading

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OH11: When def’s ID showed he wasn’t subject to an order of protection, questions about drugs unreasonably extended stop

Defendant was stopped and the officer asked for his ID to determine whether defendant was subject to an order of protection. He wasn’t. Then the officer started asking about drugs, and he didn’t like the form of defendant’s answer. That … Continue reading

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N.D.Ga.: SW for CP permitted search of entire dwelling; it wasn’t apparent to officers def had a roommate

Defendant’s email and IP address connected him to receipt of child pornography. The search warrant for his entire home for child pornography was valid even though defendant had a roommate. There’s no constitutional requirement for police to go to great … Continue reading

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IA: No conflict in motion to suppress where def counsel was law partner of issuing magistrate

Defense counsel was the law partner of the issuing magistrate. On post-conviction, defendant did not show that defense counsel was operating under a conflict of interest because defense counsel filed and vigorously litigated a motion to suppress. Kensett v. State, … Continue reading

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S.D.Ohio: Reasonable to put def in police car where he had no DL or registration to car while they checked it out

It was reasonable for officers to put defendant in their vehicle when he had no DL or registration for the vehicle he was driving while they checked it out. “The officers ran Bonner’s name through their databases and learned that … Continue reading

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