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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 • March 15, 2024 • from CLN March, 2024
Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term by Matthew Clarke by Matthew Clarke The Supreme Court of Nebraska held that a term of probation cannot be extended beyond its expiration date based on the mere fact that an …
Article • March 15, 2024 • from CLN March, 2024
DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers by Anthony Accurso by Anthony W. Accurso Voluntary consent allows law enforcement to search property without a warrant, and officials in Georgia are using this loophole to locate cash belonging to airport travelers in Atlanta, …
Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby by Anthony Accurso by Anthony W. Accurso The U.S. Court …
Article • January 15, 2024 • from CLN January, 2024
Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment by Douglas Ankney by Douglas Ankney The Supreme Court of Maryland (formerly the Court of Appeals) held that a defendant had …
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, …
Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Tennessee followed the U.S. Supreme Court’s guidance for proportionality analysis when sentencing juvenile offenders …
Article • November 15, 2022 • from CLN December, 2022
Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Wyoming held that the district court erred in ruling an …
Minnesota Supreme Court Announces Expanding Scope of Traffic Stop to Investigate Occupant’s Pretrial Release Conditions Violates Minnesota Constitution by Douglas Ankney by Douglas Ankney In a case of first impressions, the Supreme Court of Minnesota held that violation of a condition of pretrial release doesn’t constitute criminal activity, so police …
Article • May 15, 2021 • from CLN June, 2021
Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York’s denial of qualified immunity to police who …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Consent
It’s Time to Reconsider Consent Searches by Anthony Accurso by Anthony Accurso Police generally need a warrant toconduct a search or seizure in the U.S., though this rule has garnered a few exceptions since being enshrined in the Constitution’s Fourth Amendment. One such exception is when a person “consents” to …
Article • April 15, 2021 • from CLN May, 2021
Filed under: Involuntary, Anonymous Tip
Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the FifthCircuit affirmed a decision of the U.S. District Court for the Southern District of Mississippi granting Okanlawan Norbert’s suppression motion on the grounds that an …
Article • February 15, 2021 • from CLN March, 2021
Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that consent to testing and analysis is required for the results of a blood alcohol test to …
Article • January 15, 2021 • from CLN February, 2021
Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas clarified that state law does not require consent to search to be verbal and that nonverbal conduct may constitute consent under the totality of …
Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Louisiana affirmed a district court’s holding that declared unconstitutional a state statute compelling registered sex offenders to carry identification emblazoned with the words “SEX …
Article • July 15, 2020 • from CLN August, 2020
Massachusetts Supreme Judicial Court: GPS Monitoring Unreasonable When It Doesn’t Further Any Governmental Interest by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ruled that imposition of GPS monitoring as a condition of bail was an unreasonable search because the monitoring did not further any legitimate governmental …
Lundstrom v. Albuquerque Police Officers, NM, Satisfaction of Judgement, Illegal Search and Seizure, 2012 Case 1:07-cv-00759-JCH-WDS Document 225 Filed 07/05/12 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOSEPH LUNDSTROM and JANE HIBNER, Plaintiffs, vs. CASE NO: 07-00759 JCH/WDS ALBUQUERQUE POLICE OFFICERS …
Lundstrom v. Albuquerque Police Officers, NM, Amended Complaint, Illegal Search and Seizure, 2008 Case 1:07-cv-00759-JCH-WDS Document 58 Filed 03/04/2008 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOSEPH LUNDSTROM and JANE HIBNER Plaintiffs, vs. CASE NO: 07-00759 JH/WDS ALBUQUERQUE POLICE OFFICERS DEBRA …