Daily Archives: April 26, 2023

MN: Underlying conviction can’t be challenged on 4A grounds

In a driver’s license suspension case, the fact an underlying out of state driving offense was allegedly obtained in violation of the Fourth Amendment is no defense. It was final. Underhill v. Comm’r of Pub. Safety, 2023 Minn. App. LEXIS … Continue reading

Posted in Issue preclusion, Seizure | Comments Off on MN: Underlying conviction can’t be challenged on 4A grounds

OH12: Fact LEO broke traffic laws to catch speeder isn’t a 4A reasonableness defense

The fact a police officer arguably broke traffic laws to effect a stop of a fleeing motorist isn’t a defense to a traffic stop under the Fourth Amendment or the state constitution. State v. Johnson, 2023-Ohio-1320, 2023 Ohio App. LEXIS … Continue reading

Posted in Burden of pleading, Probable cause, Reasonableness | Comments Off on OH12: Fact LEO broke traffic laws to catch speeder isn’t a 4A reasonableness defense

OH9: Growing house fire next door was exigency to clear def’s house

Defendant’s next door neighbor’s house caught on fire, and police at the scene acted reasonably in entering his house to clear it when the fire grew and they reasonably feared it would spread to the houses next door. State v. … Continue reading

Posted in Arrest or entry on arrest, Border search, Emergency / exigency, Excessive force, Immigration arrests, Rule 41(g) / Return of property, Standing | Comments Off on OH9: Growing house fire next door was exigency to clear def’s house