Daily Archives: April 6, 2022

N.-M.: In applying cost-benefits analysis of exclusionary rule, this was more than mere negligence and exclusion was necessary

In a military prosecution for adultery, the military judge found the search of defendant’s cell phone unreasonable and a violation of the Fourth Amendment but refused to suppress in its cost-benefits analysis. The court of appeals disagreed and found the … Continue reading

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CA3: Def’s flight before the “Rodriguez moment” was on him

“We have ‘recognized the possibility that the Rodriguez moment occurs when an officer no longer pursues the tasks tied to the traffic stop even though he reasonably could have continued with those tasks.’ Garner, 961 F.3d at 270 (citing Green, … Continue reading

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PA: No apparent authority that def’s mother, a visitor outside, could consent to search

There was no apparent authority for defendant’s mother to consent to police entry. They knew she was a mere visitor herself, and she offered to let them in. She was not inside; she just came up when they were there. … Continue reading

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D.Colo.: A vehicle search for MJ that might have been legally possessed under CO law was still potentially a violation of federal law, and federal law controls

The probable cause analysis for arrest and search is the same. Defendant’s car was searched under the automobile exception in Colorado, and a quantity of marijuana was found. Federal law controls here (Virginia v. Moore), not state law and whether … Continue reading

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NC: Potential for destruction of car keys was not exigency here

Defendant had a reasonable expectation of privacy in a house he was visiting along with others late at night. When the police knocked, he answered the door, and that connoted some control over the premises. His disclaimer of ownership of … Continue reading

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WaPo: What to know about no-knock warrants

WaPo: What to know about no-knock warrants by Courtney Kan, Nicole Dungca, and Jenn Abelson (“No-knock raids, considered one of the most dangerous and intrusive policing tactics, have been at the center of a debate in recent years over police … Continue reading

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