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Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable
by Douglas Ankney
The Supreme Court of Idaho ruled that when police were unaware of a probationer’s Fourth Amendment waiver until after an unreasonable search was conducted, the police cannot rely on the waiver to sanction the otherwise unreasonable search. The Court also explained why the inevitable discovery doctrine does ...
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More from this issue:
- News in Brief
- Oklahoma: Cocaine Bust Was Really Only Powdered Milk, by Edward Lyon
- Freedom or Restitution for the Wrongfully Convicted, by Jayson Hawkins
- Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted, by Anthony Accurso
- Sheriff Ackal’s Corruption Continues to Plague Louisiana Parish, by Douglas Ankney
- Court Rulings Condemning Cash Bail Systems Increasing, by Edward Lyon
- In Case of First Impression, Fourth Circuit Holds First Step Act Applies to Those Serving Supervised Release Revocation Sentences, by Dale Chappell
- First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags, by Douglas Ankney
- South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks, by Douglas Ankney
- 3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance, by Douglas Ankney
- Fourth Circuit Clarifies How to Bring a First Step Act Motion Applying the Fair Sentencing Act, by Dale Chappell
- New York Court of Appeals: Police Officers May be Cross-Examined About Acts of Dishonesty Like Any Other Witness, by Douglas Ankney
- Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense, by Douglas Ankney
- Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify, by Douglas Ankney
- Fifth Circuit Holds Davis Retroactive, Conspiracy Cannot Support 924(c) Convictions, by Dale Chappell
- Book Review: The Habeas Citebook: Prosecutorial Misconduct Is an Invaluable Resource for Challenging Prosecutorial Misconduct, by Dale Chappell
- Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable, by Douglas Ankney
- Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional, by Douglas Ankney
- Second Circuit Affirms District Court’s Decision Setting Aside Guilty Verdict in a Case of Irreconcilably Inconsistent Verdicts, by Douglas Ankney
- Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense, by Douglas Ankney
- Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order, by Mark Wilson
- Montana Supreme Court Holds Automatic 35% Drug Fine Facially Unconstitutional, by Dale Chappell
- Alaska Police Department Run by Former Convicts, by Kevin Bliss
- Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy, by Douglas Ankney
- Hundreds of Dishonest Cops Called as Witnesses, by Jayson Hawkins
- 11th Circuit: General Threat of Harm Inherent in Every Bank Robbery Doesn’t Qualify for ‘Threat-of-Death’ Enhancement, by Douglas Ankney
- Which Makes Us Safer? Residency Restrictions or Enhanced Rehabilitation for Former Sexual Offenders?, by Sandy Rozek
- New York Criminal Record-Sealing Program Revisited, by Edward Lyon
- In Case of First Impression, Pennsylvania Supreme Court Holds Compelling Suspect to Disclose Computer Password Is Testimonial in Nature and Violates Fifth Amendment’s Privilege Against Self Incrimination, by Douglas Ankney
- Thousands of Convictions Questioned; Prisoners Released Show Why Law Enforcement Technology Must Be Tested by Third Parties, by Dale Chappell
- Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision, by Douglas Ankney
- To Compute, or Not to Compute: Algorithm-Driven AI in the Criminal Justice System, by Edward Lyon
- Ninth Circuit Holds Evidence from Martinez Hearing Can Be Considered in Granting Habeas Relief, Despite Bar Against Evidentiary Hearings on Facts Not Raised Below, by Dale Chappell
- Indiana Supreme Court Announces Analytical Framework When Determining Whether Punitive In Rem Forfeiture Violates Excessive Fines Clause, by Douglas Ankney
- Hundreds of Cop Shootings Yearly in Arizona, by Edward Lyon
- Federal District Court Grants § 2255 Motion, Finds IAC for Failure to Object to Government’s ‘Misstatement of Law’ During Trial, by Dale Chappell
- California Supreme Court Overturns Its Warrantless Identification Search Precedent, by Dale Chappell
- First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause, by Douglas Ankney
- Nullify Government Tyranny: In 2020, Harness the Power of Your Discontent, by John W. Whitehead
- Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period, by Mark Wilson
- California Supreme Court Holds Confidential Personnel Information of Officers on Internal ‘Brady List’ Can Be Disclosed to Prosecutors, by Dale Chappell
- From the Editor, by Richard Resch
- Why Are Cops Around the World Using This Outlandish Mind-Reading Tool?, by Christian Sheckler, Ken Armstrong
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- How to Build a Human; A Forensics Company Tells Cops It Can Use DNA to Predict a Suspect’s Face. Scientists Worry the Tool Will Deepen Racial Bias., Sept. 15, 2025. Forensic Sciences, Fourth Amendment, rights, DNA Evidence, Advanced Imaging Technology.
- Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows, July 1, 2025. Searches, Search and Seizure, Warrants, Continuing Financial Crimes Enterprise (CFCE), Domestic Financial Institution.
- Colorado Supreme Court Announces Police Facilitating Drug-Detection Dog’s Entry Into Vehicle by Opening Door During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment, July 1, 2025. Fourth Amendment, rights, Drug-Sniffing Dog, Automobile Searches/Seizures.
- Seven TDCJ Prison Guards Arrested in Alleged Smuggling Ring, June 1, 2025. Guard Misconduct, Searches, Prison Conditions.
- SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims, May 15, 2025. Shootings, Police--Excessive Force, Excessive Force (Police), Fourth Amendment, rights.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Chicago’s Police Body Cam Transparency, Feb. 1, 2025. Videotaping, Police, Police State-Surveillance.
- Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, Oct. 1, 2024. Criminal justice system reform, Police, Racial Profiling.
- Colorado Law Enforcement Agencies Will Soon Send Drones Instead of Cops in Response to 911 Calls, Sept. 1, 2024. Police, Advanced Imaging Technology.
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, Aug. 1, 2024. Fourth Amendment, rights, Suspicionless Searches.
