Daily Archives: January 2, 2021

E.D.Ky.: Def consented to search of car; request was “not … sufficiently coercive”

I see cases like this all time time, and it really happens. Clients admit it, and I’ve seen the video. But I’m not going to stop arguing they felt compelled to consent: “So, the question now before the court is … Continue reading

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OH5: Entry into cell phone tower at night which was being serviced was without exigent circumstances

A police officer came upon a cell phone tower at night where the door was open and a car was parked outside. He could hear music inside. He came in and asked what was going on and saw a bong. … Continue reading

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NC: State statute on parole searches didn’t permit search of home, just the person

State statute authorized searches of the person or parolees, not places, and the search here exceeded the authority granted by statute, applying Samson v. California. State v. McCants, 2020 N.C. App. LEXIS 969 (Dec. 31, 2020). The search warrant was … Continue reading

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