Daily Archives: November 23, 2020

NY4: No REP in a handgun placed under car bumper in driveway at sidewalk visible from off the property

When defendant saw the police car at night, he crouched down behind the rear bumper of his minivan and stood up. The officers could see a gun there, and it was approximately at where the sidewalk and the driveway met. … Continue reading

Posted in Curtilage, Plain view, feel, smell, Reasonable expectation of privacy | Comments Off on NY4: No REP in a handgun placed under car bumper in driveway at sidewalk visible from off the property

KS: GFE applies to blood draw before court held it unconstitutional

“Applying State v. Perkins, 310 Kan. 764, 449 P.3d 756 (2019), to the circumstances of this case, the good-faith exception to the exclusionary rule applies and allowed the district court to consider the results of a blood test for blood … Continue reading

Posted in Automobile exception, Consent, Drug or alcohol testing, Good faith exception, Ineffective assistance | Comments Off on KS: GFE applies to blood draw before court held it unconstitutional