SCOTUS News: 4th Amendment extended to cellphone location data
Police conducted a Fourth Amendment search requiring a valid warrant when they acquired a robbery suspect’s cellphone location data from Google, the U.S. Supreme Court has ruled in a […]
Assault suit against TSA screener revived
By Nick Hurston The Federal Tort Claims Act, or FTCA, allows people who claim they were assaulted by Transportation Security Administration, or TSA, screeners to sue the federal government, the […]
Criminal Practice – Search & Seizure – Plain View Doctrine – No Apparent Crime – Probationer’s Gun
We reverse the decision of the Court of Appeals for the reasons stated in Judge Arrowood’s dissent (Under the regular terms and conditions of probation, the shotgun was contraband. Given […]
Constitutional – Search & Seizure – Daughter’s Tablet – Free Speech – Due Process
Even if plaintiff has a reasonable expectation of privacy in the tablet that he gave his daughter to take to school, such a right was not clearly established at the […]
Criminal Practice – Search & Seizure – Warrantless Search – Parked Car – Drug Transactions – K-9 Alert
Even though the warrant to search defendant’s house and person did not encompass a car parked across the street from the house, officers had probable cause to search the car, […]
Criminal Practice – Search & Seizure – SBM’s Efficacy – No Evidence
Where the state presented no evidence that the satellite-based monitoring program is effective in protecting the public from sex offenders, ordering satellite-based monitoring of defendant violates his rights under the […]
Criminal Practice – Search & Seizure – Consent to Search – Coercion – Insufficient Showing
Although defendant contends that his race is highly relevant to the determination of whether he voluntarily consent to a pat-down of his person, and although he presented evidence of studies […]
Criminal Practice – Search & Seizure – Person, Vehicle & Residence – Pre-Mirandized Statements
The warrant to search defendant’s residence also authorized the search of his vehicles and his person; consequently, officers could search defendant and his Range Rover in a store parking lot […]
Criminal Practice – Search & Seizure – Presumed Seizure – Motion to Suppress – Objectively Suspicious Circumstances
Given the objectively suspicious circumstances of a police lieutenant’s encounter with defendant and another man, who turned out to be defendant’s robbery victim, the lieutenant had reasonable suspicion to extend […]
Criminal Practice – Search & Seizure – First Impression – Plain Error Review – Traffic Stop
Where defendant waited until his appeal to raise issues of alleged Fourth Amendment violations, there is not a sufficient evidentiary record upon which our appellate courts can conduct plain error […]
Criminal Practice – Search & Seizure – Warrant Application – Pipe in Plain View – Hidden Gun
After defendant’s brother invited a sheriff’s sergeant into their home, the sergeant saw a glass pipe in defendant’s bedroom. The pipe alone – with no detailed description, no indication as […]
Criminal Practice – Search & Seizure – Warrant Application – Pipe in Plain View – Hidden Gun
After defendant’s brother invited a sheriff’s sergeant into their home, the sergeant saw a glass pipe in defendant’s bedroom. The pipe alone – with no detailed description, no indication as […]
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