Category Archives: Uncategorized

Defendant consented to the blood draw in this felony DUI case, and it was voluntary on the totality. He was not a newcomer to the law. Higgins v. State, 2014 Del. LEXIS 152 (April 1, 2014). 2255 petitioner’s guilty plea … Continue reading →

A juvenile was denied a probable cause determination without a hearing in 48 hours, and he’s ordered immediately released. State ex rel. K.W., 2014 La. App. LEXIS 852 (La. App. 4 Cir. March 28, 2014):

Cato@Liberty: Theory: The Supreme Court Could Apply the Terms of the Fourth Amendment in Fourth Amendment Cases by Jim Harper:

NYT: Sweeping Away a Search History by Molly Wood:

A nighttime knock-and-talk at a shop building behind defendant’s house was not shown to be on the curtilage. State v. Cady, 425 S.W.3d 234 (Mo. 2014):

Rejecting the R&R, the court finds that the officers exceeded the consent given when they searched the car. United States v. Camargo-Chavez, 2014 U.S. Dist. LEXIS 45241 (E.D. Okla. April 2, 2014),* R&R 2014 U.S. Dist. LEXIS 46266 (E.D. Okla. … Continue reading →

When a person is ordered out of a car, he certainly doesn’t abandon that which is left in the car. Here, the officers didn’t even ask about the defendant’s coat, and one officer testified he believed it was defendant’s because … Continue reading →

Officer’s reaching into a seat pocket in a Long protective weapons frisk was reasonable. These searches are not constrained like a Gant search incident to a search for evidence of the offense for which defendant was stopped. They are instead … Continue reading →

A man on a bus saw defendant on the bus with a gun, and he called 911 and described him. That was reasonable suspicion for his stop and frisk. United States v. Woods, 747 F.3d 552 (8th Cir. 2014)*:

The cell phone in this case was expressly tied to the offense, and the investigation was far enough along that inevitable discovery applied to it. AFOSI had a warrant for defendant’s person for the cell phone but found it elsewhere. … Continue reading →

Wall St. Cheat Sheet: Backdoor Exploitation of Surveillance Rules Shows Need For More Reform by Anthea Mitchell:

WaPo: US appeals ruling to let lawyers see secret files by AP:

The Recorder: Stanford’s Jeffrey Fisher and Riley v. California by Scott Graham:

Virginia law provides a defense to possession of a handgun on one’s own curtilage, but curtilage isn’t defined. The court looks to the common law, and provides us a valuable discussion. Foley v. Commonwealth, 2014 Va. App. LEXIS 107 (March … Continue reading →

NYT: Letter Tells of U.S. Searches for Emails and Calls by Charlie Savage:

Atlantic: What I Learned About Stop-and-Frisk From Watching My Black Son by Christopher E. Smith:

Politico: Feds mull DNA testing by Josh Gerstein:

SCOTUSBlog: Petition of the day The petition of the day is: Heien v. North Carolina. Issue: Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop.

NJLJ: Court Weighs Duty To Indemnify for Lost Evidence in Dead Criminal Case by Michael Booth:

The affidavit for the search warrant here was totally lacking in probable cause. It alleged only that defendant’s house used more electricity than his neighbors, that he was believed to have transported marijuana at an unknown time, and he was … Continue reading →