Daily Archives: November 14, 2020

KS: Conduct can show consent

Nonverbal conduct can show consent. Here, defendant swept his arm in front of him suggesting only “come in.” State v. Daino, 2020 Kan. LEXIS 256 (Nov. 13, 2020). Defendant’s limited association with drug premises under surveillance wasn’t enough to make … Continue reading

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CA4: Govt didn’t have requisite cause to enter home of another on an arrest warrant for def

A fascinating Payon / Steagald case: The police here lacked probable cause or even a lower standard of information [the court considering the slightly differing views of the circuits] to believe that defendant lived where they entered. The government here … Continue reading

Posted in Arrest or entry on arrest | Comments Off on CA4: Govt didn’t have requisite cause to enter home of another on an arrest warrant for def