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Article • December 20, 2018 • from CLN January, 2019
Filed under: Police Searches, Property
Kansas Supreme Court Holds Travel Plan Questions Unconstitutionally Extended Traffic Stop by Matthew Clarke by Matt Clarke The Supreme Court of Kansas held that a police officer unconstitutionally extended the traffic stop he had made for following too closely when he asked questions about the driver’s travel plans for four-and-a-half …
Article • November 1, 2018 • from CLN November, 2018
Ninth Circuit Affirms $4 Million Verdict for Couple Shot by L.A. County Deputies During Warrantless Entry into Their Home by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit upheld a verdict, after remand by the U.S. Supreme Court, awarding $4 million to a couple …
Article • September 24, 2018 • from CLN October, 2018
Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress by David Reutter by David Reutter The U.S. Court of Appeals for the Sixth Circuit held a search warrant failed to establish a fair probability that drugs would be found at the …
Article • September 24, 2018 • from CLN October, 2018
New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that police may not use an inventory search as a “ruse” to conduct a broader search to support an arrest, finding that …
Article • September 23, 2018 • from CLN October, 2018
Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Kentucky held that a drug-dog sniff based on the nervousness of the driver who had prior drug charges (but not convictions) was an …
Article • September 23, 2018 • from CLN October, 2018
NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning by Dale Chappell by Dale Chappell The Court of Appeals of New York found that a driver’s eventual consent to a breathalyzer test was “coerced” and involuntary after police waited more than two hours to ask him …
Article • August 20, 2018 • from CLN September, 2018
U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches by Derek Gilna by Derek Gilna The United States Supreme Court’s 2018 decision in the Carpenter case, which set aside a criminal conviction based upon warrantless extended collection of cellphone location data on Fourth Amendment grounds, came …
Article • July 21, 2018 • from CLN August, 2018
Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant by Richard Resch by Richard Resch The Supreme Court of Pennsylvania adopted a new rule governing nonconsensual entry into a residence to effectuate an arrest warrant. The Court rejected the constitutional framework …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Police Searches
Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant by Dale Chappell by Dale Chappell A search warrant with checkboxes generally describing the purpose of the warrant lacked particularity and probable cause and was an unconstitutional “general search warrant,” the Supreme Court of Missouri held. The Court …
Article • July 20, 2018 • from CLN August, 2018
The Long, Dark History of Law Enforcement’s Warrantless Bus Searches by Steve Horn by Steve Horn The more things change, the more they stay the same. That’s a truism to many observers of history and politics, but in the orbit of the U.S. criminal legal system, it’s literally governed by …
Article • July 20, 2018 • from CLN August, 2018
SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional by Richard Resch by Richard Resch In a May 29, 2018 opinion, the Supreme Court of the United States (“SCOTUS”) held that the automobile exception to the Fourth Amendment does not permit law enforcement to enter the curtilage of a home, …
Article • June 16, 2018 • from CLN July, 2018
Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred by Richard Resch by Richard Resch In an opinion issued on April 4, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed the suppression of evidence ostensibly obtained pursuant to an anticipatory search warrant …
Article • June 16, 2018 • from CLN July, 2018
Ohio Supreme Court: Policy of Inventory Search Upon Arrest Does Not Empower Police to Retrieve Property from Area Protected by Fourth Amendment by Dale Chappell by Dale Chappell Evidence retrieved from a purse unlawfully removed from a vehicle after an arrest violated the Fourth Amendment, despite the existence of a …
The Estate of Thomas Purdy et al. v. Peppermill Casinos et al., NV, Settlement, Excessive Force Causing Death, 2018 WASHOE COUNTY Integrity Communication Service www.washoecounty.us STAFF REPORT BOARD MEETING DATE: June 19, 2018 DATE: Wednesday, June 13, 2018 TO: Board of County Commissioners FROM: Doreen Ertell, Risk Management Division 328-2660, …
Article • June 1, 2018
Maryland Couple Questioned After Police Misidentify Mushrooms in Facebook Post by Monte McCoin by Monte McCoin On May 11, 2018, John Garrison and girlfriend Hope Deery spent a day in the mountains, hiking and foraging for wild morel mushrooms, which were common near Darlington, Maryland. Like many people do without …
State of Washington v. Padilla, pornography, opinion, 2018 IN cLiincsopnei oeum;steiOFwwworeM _ DATE This opinion was filed for record I II ?ni« i on CtmF JUSTICE SUSAN L. CARLSON supreme court clerk IN THE SUPREME COURT OF THE STATE OF WASHINGTON STATE OF WASHINGTON, No. 94605-1 Respondent, En Banc JAMEEL …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Police Searches
Massachusetts High Court Vacates Felony-Murder Conviction for Failure to Suppress Cellphone Search by Christopher Zoukis by Christopher Zoukis The Supreme Judicial Court of Massachusetts reversed a felony-murder conviction and sent the case back for a new trial because the trial court failed to suppress evidence obtained from an illegal search …
Article • April 19, 2018 • from CLN May, 2018
First Circuit Modifies Emergency Aid Doctrine for Warrantless Entry of a Home by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit modified its position on the emergency aid exception to the Fourth Amendment’s warrant requirement by announcing: “officers seeking to justify their warrantless entry …
Article • April 19, 2018 • from CLN May, 2018
Texas Court of Criminal Appeals: Furtive Gestures, Brief Visit Not Probable Cause by Dale Chappell by Dale Chappell The Court of Criminal Appeals of Texas (“CCA”) held that “furtive gestures” alone did not give police probable cause to search a vehicle under the automobile exception to the Fourth Amendment’s warrant …
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