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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 • 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 …
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 • 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
Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that evidence obtained from an unlawfully extended traffic stop must be suppressed. The March 7, 2018, decision upheld …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Searches, Arrestee Searches
Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest by Christopher Zoukis by Christopher Zoukis The Idaho Supreme Court handed down an opinion on September 22, 2017 that clarified an important exception to the requirement that police officers obtain a warrant prior to conducting …
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 • October 24, 2017
$6,700 Jury Award in San Antonio Texas Police Brutality Case by Christopher Zoukis A six person federal jury found for the plaintiff in a 42 U.S.C. § 1983 excessive force case on January 29, 2013. The plaintiff, Gwendolyn Evans, claimed that San Antonio, Texas police officers Felipe Ramos and James …
Brief • December 31, 2015
Glasgow v. City of New York, NY, Amended Complaint, Allleged Gun Possession, 2015 Case 1:14-cv-06243-LDH-CLP Document 31 Filed 12/13/15 Page 1 of 21 PageID #: 157 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------x RAUL GLASGOW and PATRINA CARTER, AMENDED COMPLAINT Plaintiffs, 14-CV-6243 Jury Trial Demanded -againstTHE CITY …