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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
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:
- 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
- Law Enforcement and Mad Men, by Douglas Ankney
More from Anthony Accurso:
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, May 1, 2025
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025
- Fourth Circuit Reverses Denial of Counsel for “Low IQ” North Carolina Prisoner, March 1, 2025
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025
- New Mexico Settles Suit Alleging Failure To Implement Expanded Voting For Felons, March 1, 2025
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
More from these topics:
- Tucson Program Slashes Pretrial Misdemeanor Incarceration, April 1, 2025. housing, Drug Testing/Treatment Programs.
- Not Just Another Shared House: North Carolina Farm Eases Re-entry for Released Prisoners, March 1, 2025. housing.
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025. Vehicle Searches, Probable/Proximate Cause, Warrantless Searches, Marijuana Laws/Issues.
- Former Tacoma Reentry Center Severs Washington DOC Contract, Jan. 15, 2025. Release and Reentry, housing.
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024. Probable/Proximate Cause, Warrants - Requirements/Scope/Exceptions.
- Alabama Denies Parole to Dead Prisoner, Aug. 15, 2024. Wrongful Death, Conditions of, Sentences - Length/Severity of, Compassionate Release.
- SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge, Aug. 1, 2024. Probable/Proximate Cause, False Arrrest/Malicious Prosecution, Terry Stops.
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, Aug. 1, 2024. Retaliation, Probable/Proximate Cause, Arrest/Arraignment, Court of Claims.
- How Parole and Probation “No-Association” Conditions Hamper Successful Reentry, June 1, 2024. Commentary/Reviews, Conditions of.
- Bankruptcy Threatens $500,000 Settlement in Suit Alleging Housing Discrimination Against Former Prisoners in New York City, June 1, 2024. Bankruptcy, housing.