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Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches

Loaded on March 15, 2023 by Anthony Accurso published in Criminal Legal News April, 2023, page 21
Filed under: housing, Probable/Proximate Cause, Conditions of. Location: Arkansas.

by Anthony W. Accurso

The U.S. Court of Appeals for the Eighth Circuit upheld a suppression motion relating to the warrantless search of a home where an absconded parolee was suspected to be residing. In doing so, the Court announced that law enforcement must have probable cause that a parolee ...

 

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More from this issue:

  1. After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity, by Jayson Hawkins
  2. The Power of the Prosecutor in America: Abuse, Misconduct, Unaccountability, and Miscarriages of Justice, by Casey Bastian
  3. Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, by Harold Hempstead
  4. Fourth Circuit: Immigration Judge’s Failure to Inform Noncitizen of Right to Appeal Deportation Order Was Prejudicial and Invalidated Later Indictment for Illegal Reentry, by Jacob Barrett
  5. Wyoming Supreme Court Rules Officer’s Conduct Prior to Traffic Stop for Traffic Violation Rendered Stop Unreasonable, by Anthony Accurso
  6. Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches, by Anthony Accurso
  7. Minnesota Supreme Court Announces Plain Language of Interference With Privacy of a Minor Statute Requires That Defendant Must Have Known Victim Was Under 18 at Time of Offense, by Jacob Barrett
  8. 360 Degree Surveillance: How Police Use Public-Private Partnerships to Spy on Americans, by John W. Whitehead, Nisha Whitehead
  9. Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses, by Douglas Ankney
  10. California Court of Appeal Holds Phrase ‘From Date of Parole’ Refers to the Start Date of Parole and the Federal Fair Credit Reporting Act Does Not Preempt the California Investigative Consumer Reporting Agencies Act, by Douglas Ankney
  11. The Mounting Geofencing Threat, by Michael Thompson
  12. Maryland Court of Appeals: ‘No Objection’ to Introduction of Evidence at Trial That Was the Subject of Denied Motion to Suppress Does Not Waive Right to Appellate Review of Denial, by Harold Hempstead
  13. Sixth Circuit: Plain View Doctrine Does Not Apply Where Items Inside Vehicle Were Not Immediately and Apparently Incriminating When Viewed by Police Positioned Outside Vehicle, by Anthony Accurso
  14. New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial, by Jacob Barrett
  15. Sensitive Information in Police Database Vulnerable to Hacking, by Kevin Bliss
  16. SCOTUS: Arizona Supreme Court’s Interpretation of State Procedural Rule so ‘Novel and Unforeseeable’ It’s Not ‘Adequate’ to Preclude SCOTUS Review of Federal Death-Penalty Claim, by Richard Resch
  17. Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff, by Jacob Barrett
  18. New Jersey Supreme Court Announces Adoption of Daubert-Type Standard for Criminal and Quasi-Criminal Cases in Assessing Admissibility of Expert Evidence Under Rule 702, by Richard Resch
  19. An Argument Without Teeth: The Flawed Science of Bite Mark Analysis, by Eike Blohm, MD
  20. Survivors of Police Shootings Face Daunting Legal, Emotional, and Physical Challenges, by Eike Blohm, MD
  21. Accused War Criminals Training Cops: What Could Go Wrong?, by Jayson Hawkins
  22. Time to Find the Key, by Jayson Hawkins
  23. Study Finds DNA Similarities Among Look-alikes, by Eike Blohm, MD
  24. Pro-Police Propaganda Dominates the Mainstream Media After Police Abuse and Failure, by Benjamin Tschirhart
  25. Investigation Delays Let Cops Kill Again, by Jayson Hawkins
  26. $100 Million Awarded in Federal Grant Money for Recidivism Reduction, by Kevin Bliss
  27. California Town Pushes Homeless Into the Desert, by Jayson Hawkins
  28. Law Enforcement Accesses Commercial DNA Databases Without Warrant, by Eike Blohm, MD
  29. Automatic Speaker-Identification System Performs Better Than Humans, by Michael Thompson
  30. Corporations Voice Support for Black and Brown People as They Found Cop City, by Carlo Difundo
  31. TSA Using Facial Recognition at Airports in Pilot Program, by Anthony Accurso
  32. DNA-Based Computer-Generated Mugshots Put Entire Community on Wanted List, by Eike Blohm, MD
  33. News in Brief
  34. Law Enforcement and Mad Men, by Douglas Ankney

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