Daily Archives: September 16, 2024

Natl. L. Rev.: The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence

Natl. L. Rev.: The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence by Ty E. Howard [the case is posted here]:

Posted in Rule 41(g) / Return of property, Seizure | Comments Off on Natl. L. Rev.: The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence

Five on habeas

NYPD used a tracking order based on exigency followed by a written order to locate him. This was not shown to be an unconscionable breakdown in the process for Stone purposes. Also, his phone calls from Rikers were validly recorded. … Continue reading

Posted in Issue preclusion | Comments Off on Five on habeas

FL6: Handicapped parking violation justified stop

Illegally parking [actually standing] in a handicapped spot was an objective basis for defendant’s stop. State v. Diaz, 2024 Fla. App. LEXIS 7143 (Fla. 6th DCA Sep. 13, 2024).* Defendant’s mother’s consent was validly obtained just as a protective sweep … Continue reading

Posted in Consent, Franks doctrine, Issue preclusion, Reasonable suspicion | Comments Off on FL6: Handicapped parking violation justified stop