Daily Archives: February 3, 2019

A.F.Ct.Crim.App.: Forced catherization violated MRE 312(f) and exclusionary rule applied

Appellant was a JAG officer under medical treatment taking drugs, but those drugs interacted with alcohol and led to a DUI and a charge of being drunk on duty. A blood sample was obtained by medical personnel. Her urine, however, … Continue reading

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AK: SW for tenant space led to search of computer in landlord’s apt, and that was without PC

Computers are entitled to the same sensitive Fourth Amendment analysis that cell phones got in Riley. Here, Pohland was an Assistant AG of Alaska involved in labor relations matters for the state. McRoberts and her husband were tenants of hers, … Continue reading

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D.N.M.: The fact a SW might be invalid isn’t grounds for an injunction for return of property where prosecution was still contemplated

Plaintiff seeks an injunction contending that the seizure of tax resister literature violated the First and Fourth Amendment. The seizure was based on a warrant that it is evidence of a crime not yet prosecuted. The fact the Fourth Amendment … Continue reading

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WA: Sitting in a car in a parking lot holding a gun is not RS that a crime is going to occur

A report to the police of a man sitting in a car holding a gun in his lap was not reasonable suspicion, and it could not be the basis of a stop. Just holding a gun is not an indication … Continue reading

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W.D.Va.: Govt doesn’t get to photograph all tattoos on defs’ bodies, despite what’s available on social media; just those normally visible

The government can photograph defendants’ tattoos that are normally visible in daily use. The government cannot, however, photograph tattoos usually covered by clothes despite the fact they were occasionally revealed on social media pages. That’s not a waiver as to … Continue reading

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N.D.Ind.: It’s settled one can’t relitigate merits of 4A claim via 2254 habeas

This 2254 is merely an attempt to relitigate his Fourth Amendment claim in habeas, and thus it’s barred. “In his traverse, Thomas has not argued or attempted to demonstrate that there was a subversion of the hearing process in state … Continue reading

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