Daily Archives: November 16, 2020

WV: Officer’s subjective belief in his ability to arrest DUIs statewide was unreasonable under Heien

“However, Heien does offer some insight into the type of ‘mistake’ which may provide relief-the area upon which the circuit court below focused. The Court concluded that ‘[t]he Fourth Amendment tolerates only reasonable mistakes, and those mistakes-whether of fact or … Continue reading

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S.D.N.Y.: Mental health detentions don’t require actual showing of dangerous behavior; probability enough

A mental health detention “requires only a ‘probability or substantial chance’ of dangerous behavior, not an actual showing of such behavior.’” … Probable cause for involuntary hospitalization may be established from ‘information gleaned from informants[,] … normally the putative victim … Continue reading

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D.Del.: Def found on couch in morning with pillow and sheet at friend’s house had standing

“Defendant has adequately demonstrated he has standing to challenge the Search Warrant. … Defendant was found at his brother’s residence around 9:31 a.m., lying on a couch with a sheet and pillow, strongly suggesting that he was an overnight guest … Continue reading

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