Daily Archives: May 11, 2020

MA: DNA swab taken by consent during arrest without PC is suppressed, but state can do it over on remand

Defendant was arrested for murder, handcuffed and taken in for interrogation, all without probable cause. His statement was suppressed, and the state fails to show that obtaining his buccal swab during this time would clear even the low bar for … Continue reading

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MI Const. search and seizure provision is not coextensive with 4A

The Michigan Supreme Court sets aside part of a Court of Appeals decision that says that the Michigan Constitution’s search and seizure provision is coextensive with the Fourth Amendment because it’s not. Otherwise, it declines review of the decision. People … Continue reading

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D.P.R.: Def driver had to somehow independently show ownership or control of vehicle for standing under CA1 precedent

When the vehicle stopped isn’t owned by the driver, he has to come forward with something showing standing. “However, Mr. Hernández-Marín failed to bring testimony other than himself to prove possession, control or ownership of the Dodge RAM pick-up truck … Continue reading

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NE: Def’s purse could be searched under automobile exception even though it had already been removed from car

Defendant’s purse was validly searched under the automobile exception after the backup officer smelled marijuana coming from the car. It didn’t matter that it wasn’t in the car at the time of the search. State v. Lang, 305 Neb. 726 … Continue reading

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