Daily Archives: January 29, 2022

CA1: Third-party doctrine applies to prescription drug monitoring program

This is an action to enforce a DEA administrative subpoena to the New Hampshire Prescription Drug Monitoring Program for specific prescriptions. The court declines to equate prescription records with other medical records because the pharmacy industry is closely regulated. It … Continue reading

Posted in Administrative search, Subpoenas / Nat'l Security Letters, Third Party Doctrine | Comments Off on CA1: Third-party doctrine applies to prescription drug monitoring program

DC: Possession of a knife doesn’t mean RS for possession of a firearm

A warrant for premises found a visitor there, and the record shows nothing about why he was searched and the trial court upheld it. “As discussed, the factors the trial court relied upon to validate the patdown of Mr. Bingman—his … Continue reading

Posted in Consent, Reasonable suspicion, Stop and frisk, Voluntariness | Comments Off on DC: Possession of a knife doesn’t mean RS for possession of a firearm

NY1: PC to arrest and to search are different things

Probable cause to arrest and to search are different things. (One doesn’t automatically lead to the other.) Salcedo v. City of New York, 2022 NY Slip Op 00523, 2022 N.Y. App. Div. LEXIS 501 (1st Dept. Jan. 27, 2022). The … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Standards of review | Comments Off on NY1: PC to arrest and to search are different things

CA8: Ptfs stated claim to overcome qualified immunity and arguable probable cause during mass arrests of peaceful protesters

Qualified immunity was denied for officers who were alleged to have arrested peaceful protestors in St. Louis in 2017. People were allowed to enter an area and then were arrested. As to force, “The pleadings before us and video evidence … Continue reading

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