ND: State statute created no REP in bank records against a mere subpoena

Defendant was charged with worker’s compensation fraud after bank records were subpoenaed to the administrative hearing. State statute did not create a reasonable expectation of privacy from a subpoena instead of a search warrant issued by a neutral and detached magistrate. State v. Hammer, 2010 ND 152, 787 N.W.2d 716 (2010).

In a traffic stop, defendant had both hands out the window as the officer approached, and there was a gun on the dashboard. The officer did not have to consider the situation safe and could frisk the car for more weapons. State v. King, 206 N.C. App. 585, 696 S.E.2d 913 (2010).*

Defendant was stopped on a citizen informant’s tip, and they are sufficient in themselves to create reasonable suspicion. Hadley v. State, 2010 Fla. App. LEXIS 12184 (Fla. 3DCA August 18, 2010).*

The issue of the duration of the stop making it unreasonable was not litigated in the trial court, so it was waived. State v. Hudson, 206 N.C. App. 482, 696 S.E.2d 577 (2010).*

Officers had repeated drug complaints at defendant’s apartment, and they came to do a knock and talk. The person answering the door let the officer in, but it was quickly determined that she was only a visitor. Before he could ask for consent, the officer heard others, so he walked further in to see who he was dealing with, described as a protective sweep, and he saw drug paraphernalia at defendant’s feet, which were propped up on a table. The officer’s search of defendant was justified, and it produced a Dilaudid tablet. State v. Kinsell, 2010 Ohio 3854, 2010 Ohio App. LEXIS 3254 (9th Dist. August 18, 2010).*