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Article • March 16, 2018 • from CLN April, 2018
Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine by Richard Resch by Richard Resch The Supreme Judicial Court of Massachusetts held that consent to search inside a vehicle does not authorize the police to search under the hood of the vehicle. On January 23, 2015, two …
Pauly v. White, Amicus, 2018 No. 17-1078 In the Supreme Court of the United States __________ Daniel T. Pauly, et al., Petitioners, v. Ray White, et al., Respondents. __________ On Petition For Writ Of Certiorari To The United States Court of Appeals For The Tenth Circuit __________ BRIEF OF THE …
Article • February 16, 2018 • from CLN March, 2018
Research Needed: Do Drug Dogs Respond to Drugs or Handler? by Christopher Zoukis by Christopher Zoukis The use of drug detecting dogs in law enforcement is ubiquitous across the country. They are a popular tool among police agencies, because a drug dog’s “alert” provides the probable cause necessary to legally …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Searches, Police Searches
Idaho Supreme Court: Suspicionless Fishing Expeditions Not Tolerated by David Reutter by David Reutter The Idaho Supreme Court reversed a district court’s denial of a motion to suppress evidence obtained in a suspicionless fishing expedition by the arresting officer. Matthew Cohagan was on a street corner in Nampa, Idaho when …
Article • February 16, 2018 • from CLN March, 2018
Houston Police End Use of Error-Prone Drug Field Tests by Matthew Clarke by Matthew Clarke In the summer of 2017, the Houston Police Department announced that it was ending its longstanding practice of using $2 field test kits for drugs that had frequently been used to persuade defendants to plead …
Curb False Confessions: Provide Suspects With Lawyers by Derek Gilna by Derek Gilna According to the nonprofit National Registry of Exonerations, Cook County, Illinois has a false confession rate three times higher than the national average. In November 2017, Cook County Prosecutor Kim Foxx dropped criminal cases against 15 men …
Article • January 19, 2018 • from CLN February, 2018
North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search by David Reutter by David Reutter The North Dakota Supreme Court held a defendant cannot be criminally prosecuted for refusing a warrantless urine test incident to an arrest for driving under the influence of a …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit upheld a lower court’s refusal to suppress evidence obtained during a warrantless cellphone search. The …
Article • January 19, 2018 • from CLN February, 2018
Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance by Mark Wilson by Mark Wilson The Oregon Supreme Court ruled that warrantless entry into a home to obtain nonconsensual blood-alcohol concentration (“BAC”) evidence did not amount to an exigent circumstance that …
Article • January 19, 2018 • from CLN February, 2018
Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued by Mark Wilson by Mark Wilson The Ohio Supreme Court held that once a warrant has been issued, the exclusion of evidence is not an appropriate remedy when police violate the knock-and-announce …
Article • January 19, 2018 • from CLN February, 2018
Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...) by Christopher Zoukis by Christopher Zoukis It’s 3 a.m. Do you know what your cell phone is doing? With the advent of stingray technology, it just might be reporting your location to government officials. Or it might …
Article • December 20, 2017
$12,500 Settlement in Oregon Unlawful Search and Seizure Lawsuit by Christopher Zoukis by Christopher Zoukis An Oregon man and woman who claimed that Portland police violated their civil rights by unlawfully searching their home have settled a federal lawsuit for $12,500, plus attorney's fees. Sarah Hill and Brent Lopez had …
Brief • December 13, 2017
Castro v. McFadden, AZ, Police Forces Marijuana Ingestion, Settlement, City Council Agenda, 2017 PHOENIX CITY COUNCIL FORMAL AGENDA WELCOME! Thank you for participating in the process of representative local government. We welcome your interest and hope you and your neighbors will often attend Phoenix City Council meetings. Democracy cannot endure …
Article • December 7, 2017
Expert Opinions Sufficient to Dispute Material Facts for Denial of Summary Judgment by David Reutter By David Reutter A Michigan federal district court held that an Eaton County, Michigan Sheriff's sergeant had "arguable probable cause" to stop and detain a motorist for flashing his high beams at him as they …
Article • November 30, 2017
Fifth Circuit Dismisses Interlocutory Appeal of Roadside Body-Cavity Search Suit by Matthew Clarke by Matt Clarke On January 12, 2017, the Fifth Circuit court of appeals dismissed the interlocutory appeal of a deputy sheriff who was a bystander when a Texas Department of Public Safety (DPS) officer conducted a roadside …
Article • November 16, 2017 • from CLN December, 2017
Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary by David Reutter by David Reutter The U.S. Court of Appeals for the Eleventh Circuit upheld a warrantless home search that was consented to as a result of a ruse by law …
What Happens When A Troubled Police Department Refuses To Reform? by by Nick Wing and Dennis Domrzalski ALBUQUERQUE ― Early on the morning of Aug. 24, 2016, two Albuquerque police officers responded to a 911 call at an apartment complex on the city’s west side. Inside, they found the remains of …
Brief • September 18, 2017
Valentin v. Manchester, NH, Settlement, Recording Police Raid, 2017 SETTLEMENT AGREEMENT AND GENERAL RELEASE AND NOW, the undersigned, in settlement of their dispute as described herein, hereby mutually covenant and agree as follows: WHEREAS, Alfredo Valentin of Manchester, New Hampshire (hereinafter, “Plaintiff”) alleges that the City of Manchester, New Hampshire, …
Brief • August 30, 2017
Castro v. McFadden, AZ, Police Forces Marijuana Ingestion, Complaint, 2017
Blight v. City of Manteca, et al., CA, search warrant dispute, order, 2017 Case 2:15-cv-02513-WBS-AC Document 90 Filed 06/21/17 Page 1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOANNE BLIGHT, 12 13 14 No. …
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