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Article • January 18, 2019 • from CLN February, 2019
Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry by Douglas Ankney by Douglas Ankney On December 7, 2018, the Supreme Court of Wisconsin reversed a decision of the court of appeals that affirmed a circuit court’s denial of …
Article • December 29, 2018 • from CLN January, 2019
Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive by Christopher Zoukis by Christopher Zoukis The Supreme Court of Minnesota ruled that Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), in which the U.S. Supreme Court held that a state cannot use criminal sanctions to compel a …
Article • December 21, 2018 • from CLN January, 2019
Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So by Richard Resch by Richard Resch The Nevada Court of Appeals ruled that law enforcement officers cannot conduct a warrantless search of …
Article • November 28, 2018 • from CLN December, 2018
Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that the burden of proof in determining whether a person voluntarily consented to a warrantless search is a preponderance of the evidence, …
Article • November 28, 2018 • from CLN December, 2018
Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used by Christopher Zoukis by Christopher Zoukis The Supreme Court of Arkansas ruled that an Arkansas statute that allows warrantless blood draws based on implied consent violated the Fourth Amendment when applied to a defendant in …
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
Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate by Christopher Zoukis by Christopher Zoukis A federal judge in the United States District Court for the District of Kansas threw out evidence found during a warrantless search of a vehicle when “consent” was obtained from a …
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 24, 2018 • from CLN October, 2018
1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search by David Reutter by David Reutter The United States Court of Appeals for the First Circuit reversed the armed bank-robbery conviction of Virgilio Diaz-Jimenez (“Diaz”), holding the warrantless search of Diaz’s home did not …
Article • September 24, 2018 • from CLN October, 2018
Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment by Richard Resch by Richard Resch The Supreme Court of Iowa announced a stricter legal framework for warrantless inventory searches and seizures of vehicles being impounded under the Iowa Constitution than required …
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 …
South Dakota Supreme Court Announces Search Incident to Arrest Exception to Warrant Requirement Does Not Apply to Collection of Urine Sample Upon Arrest by Dale Chappell by Dale Chappell Law enforcement must secure a warrant prior to obtaining a urine sample from an arrestee, the Supreme Court of South Dakota …
Article • June 18, 2018 • from CLN July, 2018
Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant by Dale Chappell by Dale Chappell The Supreme Court of Pennsylvania made it clear: “If a member of law enforcement wishes to obtain information from a cellphone, get a warrant.” The Court held that turning on, as well as digging …
Article • June 16, 2018 • from CLN July, 2018
New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively by Matthew Clarke by Matt Clarke On October 5, 2017, the Supreme Court of New Mexico held that an impaired driver generally could not be subject to criminal penalties for refusing to submit to …
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 • May 22, 2018 • from CLN June, 2018
Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll by Matthew Clarke by Matt Clarke The federal child pornography case against a California doctor was dismissed after the judge excluded all the evidence seized from his home because an FBI agent lied on …
Dortch v. Arkansas, evidence negligent homicide, opinion, 2018 Cite as 2018 Ark. 263 SUPREME COURT OF ARKANSAS No. CR-17-76 SAMMY W. DORTCH, JR. Opinion Delivered: April 26, 2018 APPELLANT APPEAL FROM THE INDEPENDENCE COUNTY CIRCUIT COURT [NO. 32CR-16-13] V. STATE OF ARKANSAS HONORABLE JOHN DAN KEMP, JUDGE APPELLEE AFFIRMED IN …
Article • April 19, 2018 • from CLN May, 2018
Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case by Richard Resch by Richard Resch On October 29, 2014, at about 4 a.m., 13 Highland Park, New Jersey, police officers performed a no-knock entry into the Greer family home. Without knocking or announcing their presence, the officers …
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 …
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