Daily Archives: August 26, 2019

NC: Giving cop the finger was RS for stop for disorderly conduct, despite it being recognized free speech

Giving a cop the finger, although universally now recognized as protected speech, was reasonable suspicion for a stop for disorderly conduct. [The dissent has the far better argument, here. The majority is just wrong, and cites cases that prove it.] … Continue reading

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NC: Def outside cleaning his car when police showed up for drug raid couldn’t be detained under Summers

When the police showed up to search the premises, defendant was outside cleaning his car. His detention cannot be justified by Summers as a known recent occupant of the premises. His conviction is reversed. State v. Thompson, 2019 N.C. App. … Continue reading

Posted in Reasonableness, Uncategorized | Comments Off on NC: Def outside cleaning his car when police showed up for drug raid couldn’t be detained under Summers

D.V.I.: Failure to include limiting attachments at time of execution of SW was 4A violation, but mere oversight and exclusionary rule not applied

The search warrant had the wrong address, but there were attachments to it when presented to the USMJ which gave the correct address. In addition, the affiant was familiar with the place to be searched, and he went along on … Continue reading

Posted in Exclusionary rule, Particularity | Comments Off on D.V.I.: Failure to include limiting attachments at time of execution of SW was 4A violation, but mere oversight and exclusionary rule not applied

E.D.Ky.: Entry into the curtilage for knock-and-talk ended up a hot pursuit and abandonment

Officers came to defendant’s home for a knock-and-talk, and he saw them and fled, and the USMJ credited that the officers could see him discard a drug container. The court finds this was hot pursuit. “Of course, the Versailles police … Continue reading

Posted in Abandonment, Emergency / exigency, Hot pursuit, Knock and talk | Comments Off on E.D.Ky.: Entry into the curtilage for knock-and-talk ended up a hot pursuit and abandonment