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search and seizure

Jun 30, 2026

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 […]

Jul 7, 2023

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 […]

Sep 21, 2018

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 […]

Sep 17, 2018

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 […]

Sep 5, 2018

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, […]

Aug 8, 2018

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 […]

Aug 8, 2018

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 […]

Jul 18, 2018

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 […]

Jun 13, 2018

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 […]

Jun 13, 2018

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 […]

Jun 13, 2018

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 […]

Jun 12, 2018

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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