Showing that the phrase “constitutionally protected area” still has validity, Florida’s 5DCA held that the trial court erred in finding that defendant’s porch was, and reversed a suppression order. State v. E.D.R., 959 So. 2d 1225 (Fla. App. 5th Dist. 2007):<\/p>\n
The trial court erred in suppressing the evidence in this case. The porch was not a constitutionally protected area. The unenclosed porch was in the front of the house, not obscured from public view, E.D.R. was sleeping in a chair on the front edge of the porch, and any delivery person or passerby could have walked onto the porch and left a package or knocked on the door without a violation of the resident’s reasonable expectation of privacy. In doing so, the police officers, like a delivery person, would have observed the crack cocaine in plain view in E.D.R.’s lap. The officers had probable cause to arrest him and seize the evidence. We reverse the trial court’s order granting E.D.R.’s motion to suppress and remand for further proceedings.<\/p><\/blockquote>\n
Plaintiff’s affidavit contradicting the officers’ version of his arrest was sufficient to overcome the officers’ motion for summary judgment. Benson v. Sefton, 2007 U.S. Dist. LEXIS 44875 (E.D. N.C. January 4, 2007).*<\/p>\n
Oregon holds that taking DNA from a convicted person put on probation does not violate the state constitution or the Fourth Amendment. State v. Sanders, 343 Ore. 35, 163 P.3d 607 (2007).*<\/p>\n
Reasonable suspicion was present when the defendant and a companion were pushing bicycles out from behind a closed bar at 3 a.m. and defendant did not stop for over 50 feet after the companion did. The officer noticed knives clipped to his pocket, and asked for permission to search. “According to his affidavit, Maldonado asked Tanner if he had any other contraband, particularly drugs, and Tanner replied, ‘I don’t know; you can check.'” Tanner v. State, 228 S.W.3d 852 (Tex. App. \u2014 Austin 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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