Daily Archives: October 31, 2019

Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover

Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover by Orin S. Kerr Some interesting issues raised by the only Fourth Amendment case currently on the Supreme Court’s docket.

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Lexology: Courts continue to consider intersection of Fourth Amendment and technology: without a warrant, retrieval of car’s electronic data unconstitutional, but surveillance on hunting property permissible

Lexology: Courts continue to consider intersection of Fourth Amendment and technology: without a warrant, retrieval of car’s electronic data unconstitutional, but surveillance on hunting property permissible by Brian J. Willett

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VA: Def’s refusal to submit to a SW for DNA could be argued as consciousness of guilt at trial

Defendant’s conscious refusal to submit to a DNA buccal swab sought by a search warrant could be argued as consciousness of guilt. Haas v. Commonwealth, 2019 Va. App. LEXIS 237 (Oct. 29. 2019). The officer’s knowledge from nearly six months … Continue reading

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AZ: Protective sweep that produced a bullet casing was unjustified (but harmless)

Defendant has standing to challenge the search of a mobile home he had rented even though he had not fully moved in, and the trial court erred in concluding otherwise. The state’s argument the entry into the mobile home required … Continue reading

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E.D.Mich.: Def’s furtive movement justified extending the stop

Defendant’s reaching out of sight during a traffic stop was a furtive movement justifying extending the stop and seeing what he was doing. United States v. Edwards, 2019 U.S. Dist. LEXIS 185987 (E.D. Mich. Oct. 28, 2019).* The protective sweep … Continue reading

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S.D.Ill.: The delay in the stop was def’s own stalling

The stop was prolonged but it was defendant’s own stalling, so Rodriguez wasn’t violated. “The fact that Thompson and Dwyer did not issue any ticket for the window tinting or the obstructed brake lights is not relevant to the question … Continue reading

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techdirt: Cops: People In Their Own Homes Are In The Wrong Place At The Wrong Time Whenever A Cop Enters Unlawfully

techdirt: Cops: People In Their Own Homes Are In The Wrong Place At The Wrong Time Whenever A Cop Enters Unlawfully by Tim Cushing:

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CO: Vehicle inventory fails where no showing of policy enabling it

The inventory of defendant’s car was not done according to any policy, and it is not justifiable under the automobile exception or as a protective search for weapons either. People v. Allen, 2019 CO 88, 2019 Colo. LEXIS 1077 (Oct. … Continue reading

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