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 that the officers were serving a warrant for a probation ...

Tagged with: search and seizure

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 time sheriff’s detectives searched the tablet. The court grants defendants’ ...

Tagged with: search and seizure

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, which was parked on a public road, based on controlled ...

Tagged with: search and seizure

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 Fourth Amendment. We reverse the trial court’s order requiring defendant ...

Tagged with: search and seizure

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 which indicate that, for people of color in general, “any ...

Tagged with: search and seizure

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 a few miles from his residence. In any event, officers ...

Tagged with: search and seizure

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 his seizure of defendant. We reverse the Court of Appeals’ ...

Tagged with: search and seizure

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 review. Therefore, defendant has waived those issues. We reverse the ...

Tagged with: search and seizure

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 to whether it appeared to have been recently used, no ...

Tagged with: search and seizure

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 to whether it appeared to have been recently used, no ...

Tagged with: search and seizure