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Tag Archives: Unreasonable

Criminal Practice – Voluntary Manslaughter – Self-Defense – Unreasonable Belief – Aggressor & Excessive Force – Jury Request – Witness’s Testimony (access required)

State v. Presson Defendant was not entitled to a dismissal based on perfect self-defense where the state presented evidence that the victim was unarmed, defendant left their fight to retrieve a knife, and defendant’s only injury was some blood on his knuckles while the victim had, among many injuries, 33 knife wounds

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Criminal Practice – Search & Seizure – Strip Search – Public Residential Street – Knife Use — Unreasonable (access required)

U.S. v. Edwards Although police did not completely pull down defendant’s pants during a search incident to his arrest on a public residential street, but shone a flashlight down his pants and then used a knife to cut a sandwich baggie with suspected narcotics off defendant’s genitals, the search was a strip search that violated defendant’s Fourth Amendment rights, and the 4th Circuit vacates defendant’s drug conviction.

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Criminal Practice – Search & Seizure – Anonymous Tip – ‘Shots Fired’ – High Crime Neighborhood – ‘Nervous’ Man – Pat-Down — Unreasonable (access required)

U.S. v. Massenburg Police officers responding to an anonymous tip about “shots fired” in a high-crime neighborhood, who saw four young men several blocks from the reported gunfire, did not have reasonable, particularized suspicion to conduct a pat-down of one of the young men who appeared nervous and refused consent to search; the 4th Circuit reverses defendant’s conviction on marijuana and firearm charges.

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Criminal Practice – Search & Seizure – Schoolchild – Strip Search — ‘Bra Lift’ – Unreasonable (access required)

In re T.A.S. The principal of an alternative school was informed by students that pills of a type that “would cause kids to be unsafe” were coming into the school. This did not justify searches that required a 13-year-old girl, in front of a member of the opposite sex, to reach under her shirt and lift her bra away from her body. We reverse the trial court’s denial of respondent’s motion to suppress.

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