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Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment by Jeffrey Cohen The Supreme Court of Illinois reversed the Appellate Court’s denial of the defendant’s suppression motion, holding that contraband discovered by police inside …
Article • December 15, 2024 • from CLN January, 2025
Washington Supreme Court Declines to Expand Scope of Attenuation Doctrine Under State Constitution and Reverses Murder Conviction Based on Unlawfully Seized by Sam Rutherford by Sam Rutherford The Supreme Court of Washington clarified the scope of the attenuation doctrine under Article I, § 7 of the Washington Constitution, holding that the …
North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North ­Carolina held that the warrantless search of a disabled vehicle was not reasonable when officers had the authority …
Article • September 1, 2023 • from CLN September, 2023
Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay by Matthew Clarke by Matt Clarke The Supreme Court of Colorado ­clarified that there is no per se rule excluding self-serving hearsay by a criminal defendant, holding that “like any other hearsay statement, a defendant’s self-serving hearsay …
Article • May 15, 2023 • from CLN June, 2023
Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence by Anthony Accurso by Anthony W. Accurso The Supreme Court of Ohio held that the Court of Appeals erred in applying the good faith exception …
Article • November 15, 2022 • from CLN December, 2022
Sixth Circuit: District Court Confused ‘Attenuation Doctrine’ and ‘Inevitable Discovery Exception’ in Applying Exclusionary Rule by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the District of Western Tennessee’s denial of a defendant’s suppression motion, ruling the …
Article • September 15, 2021 • from CLN October, 2021
California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts by Matthew Clarke by Matt Clarke The Supreme Court of California held that, for charges of gang participation and gang enhancements under California Penal Code, § subdivisions …
Article • March 15, 2021 • from CLN April, 2021
Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland affirmed a decision of the Court of Special Appeals (“COSA”) that held police officers from the Maryland Transit Administration (“MTA”) violated Kennard Carter’s …
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 …