Daily Archives: June 10, 2022

WA: A detainee’s racial and ethnic factors are a part of “all the circumstances” in determining a seizure under state constitution

Under the state constitution, whether a person is “seized” must consider the person’s racial and ethnic factors that influence their perceptions. State v. Sum, 2022 Wash. LEXIS 317 (June 9, 2022):

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OH8: Disavowing reliance on Franks at suppression hearing is waiver

Defendant’s disavowing the search issue in his motion to suppress involved Franks is waiver for appeal. The state sought clarification it wasn’t an issue and got it. State v. Claytor, 2022-Ohio-1938, 2022 Ohio App. LEXIS 1812 (8th Dist. June 9, … Continue reading

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CA8: Shoplifting arrest supported search incident of backpack; inevitable anyway

The search of defendant’s backpack incident to a shoplifting arrest produced a firearm. Even if the search incident wasn’t proper, it was inevitable the backpack would be inventoried at the jail.United States v. Trogdon, 2022 U.S. App. LEXIS 15860 (8th … Continue reading

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CA8: Apparent authority to consent applies to effects

Apparent authority to consent applies to effects. The officer had reason to believe that the other female occupant of the car had apparent authority to consent to a search of what was listed in the report as a “man bag,” … Continue reading

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CNS: Can police secretly spy on your home without a warrant? The First Circuit doesn’t know

CNS: Can police secretly spy on your home without a warrant? The First Circuit doesn’t know by Thomas F. Harrison:

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