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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 W. Accurso
The U.S. Court of Appeals for the Sixth Circuit ruled the plain view doctrine does not apply to a warrantless search of a vehicle where the items visible inside the vehicle by police standing outside the vehicle were not immediately and apparently incriminating.
In 2020, Detective ...
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More from this issue:
- After Years of Hard Work and Dedication, Adnan Syed Is Freed by Serendipity, by Jayson Hawkins
- The Power of the Prosecutor in America: Abuse, Misconduct, Unaccountability, and Miscarriages of Justice, by Casey Bastian
- 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
- 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
- Wyoming Supreme Court Rules Officer’s Conduct Prior to Traffic Stop for Traffic Violation Rendered Stop Unreasonable, by Anthony Accurso
- 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
- 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
- 360 Degree Surveillance: How Police Use Public-Private Partnerships to Spy on Americans, by John W. Whitehead, Nisha Whitehead
- Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses, by Douglas Ankney
- 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
- The Mounting Geofencing Threat, by Michael Thompson
- 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
- 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
- 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
- Sensitive Information in Police Database Vulnerable to Hacking, by Kevin Bliss
- 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
- Pennsylvania Supreme Court: Exigent Circumstances Exception Does Not Justify Police’s Warrantless Seizure of Suspect’s Blood Sample by Hospital Staff, by Jacob Barrett
- 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
- An Argument Without Teeth: The Flawed Science of Bite Mark Analysis, by Eike Blohm, MD
- Survivors of Police Shootings Face Daunting Legal, Emotional, and Physical Challenges, by Eike Blohm, MD
- Accused War Criminals Training Cops: What Could Go Wrong?, by Jayson Hawkins
- Time to Find the Key, by Jayson Hawkins
- Study Finds DNA Similarities Among Look-alikes, by Eike Blohm, MD
- Pro-Police Propaganda Dominates the Mainstream Media After Police Abuse and Failure, by Benjamin Tschirhart
- Investigation Delays Let Cops Kill Again, by Jayson Hawkins
- $100 Million Awarded in Federal Grant Money for Recidivism Reduction, by Kevin Bliss
- California Town Pushes Homeless Into the Desert, by Jayson Hawkins
- Law Enforcement Accesses Commercial DNA Databases Without Warrant, by Eike Blohm, MD
- Automatic Speaker-Identification System Performs Better Than Humans, by Michael Thompson
- Corporations Voice Support for Black and Brown People as They Found Cop City, by Carlo Difundo
- TSA Using Facial Recognition at Airports in Pilot Program, by Anthony Accurso
- DNA-Based Computer-Generated Mugshots Put Entire Community on Wanted List, by Eike Blohm, MD
- News in Brief
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More from Anthony Accurso:
- Stinging Back: Resisting Government Surveillance of Cellphones, May 15, 2024
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., May 15, 2024
- Police Body Cameras, A Decade Later, May 15, 2024
- Use of Solitary Confinement on the Rise in ICE Facilities, May 15, 2024
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, April 15, 2024
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, April 15, 2024
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, April 15, 2024
- The FBI’s Rapidly Expanding DNA Database, April 15, 2024
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024
More from these topics:
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024. Contractor Misconduct, Police Misconduct, Police, Terry Stops, Suspicionless Searches.
- Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed, March 15, 2024. Police Misconduct, Commentary/Reviews, Police, Excessive Force (Police).
- The Almost Unknown Turkey Bowl and Black Sheep, Oct. 15, 2023. Exercise, Police.
- New Robotic Cops Patrolling in NYC, Sept. 1, 2023. Police, Electronic Surveillance.
- From the Sad but True Files: Police Oppose Laws Prohibiting Cops From Lying to Juveniles During Interrogations, Sept. 1, 2023. Police, False Statements/Perjury, Police Interrogations, Juvenile Offenses/Offenders.
- Police Unions Continue Overt and Covert Actions Designed to Weaken Oversight Boards, Aug. 1, 2023. Police Misconduct, Police.
- Michigan Supreme Court Justice Caves to Criticism, Accepts Resignation of Formerly Incarcerated Clerk, June 1, 2023. Police, jobs, Police/Govt Misconduct.
- Dozens of LA Sheriff’s Deputies Suspected of Gang Membership Ordered to Show Gang Tattoos and Snitch on Fellow Cops, May 22, 2023. Gang Policies, Police, Gang Membership, Tattoo Evidence.
- Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6), Jan. 15, 2023. Vehicle Searches, Immigration Law/Offenses, Sentence Enhancements/Departures.
- Police Find It Easier to Influence Public Opinion Than to Protect and Serve, Jan. 15, 2023. Police, Opinions and Expert Testimony.