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Article • August 15, 2024 • from CLN September, 2024
California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that Jeremiah Paul’s conversation …
Article • May 15, 2024 • from CLN May, 2024
Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s live-in girlfriend could not …
Article • September 1, 2023 • from CLN September, 2023
Filed under: Consent, Consent Searches
New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises by Anthony Accurso by Anthony W Accurso The Supreme Court of New Jersey held that a third party, with property in a storage trailer shared with the defendant, …