Fourthamendment.com
Fourthamendment.com has summaries of search-and-seizure cases and news, intended as a supplement for the book Search and Seizure, published by Lexis Law Publishing.
Author: John Wesley Hall Jr. is a solo practitioner in Little Rock, Ark. He also often consults on legal ethics matters in domestic, military and international jurisdictions and authors LawOfCriminalDefense.
Blawg Related Categories: Constitutional Law • Criminal Justice • Consultant • Solo / Small Firm • Private Defense
Recent Posts from Fourthamendment.com
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CA8: Gant inapplicable where there is PC for the search
As the officer approached defendant's vehicle during a traffic stop, he could smell burnt marijuana. This was probable cause for a search of the car, and Gant was inapplicable. United States v. Davis, 2009 U.S.…
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E.D.Tex.: Gov't does not get to reopen every suppression hearing it loses
Government's request to reopen suppression hearing after it lost is denied. The evidence presented at the hearing showed that defendant's detention became unreasonable. After the hearing, the government looked for more evidence to show that…
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D.V.I.: Border search on flight from Atlanta proper
Defendant could not claim automatic standing to challenge the police questioning of his wife. State v. Shuffelen, 149 Wn. App. 1048, 2009 Wash. App. LEXIS 876 (April 13, 2009), ordered published June 8, 2009.* The…
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VT: Pointed questions turn the stop into a de facto arrest
While a few normal questions would not be a seizure, pointed questions here became a seizure where it would be apparent to the defendant he was not free to leave and terminate the encounter. State…
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D.Ore.: ICE agents' inconsistent testimony about 9 pm knock-and-talk led court to hold consent invalid
ICE's knock and talk led to invalid consent, and the nature of the ICE officer's testimony led the court to credit the defendant. The knock and talk occurred on a cold night at 9 pm…
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M.D.Ga.: Surrounding porch was not per se an arrest
Police surrounding defendant's porch did not constitute an arrest. United States v. Tarleton, 2009 U.S. Dist. LEXIS 55197 (M.D. Ga. June 30, 2009): Applying those factors, the Court concludes that Tarleton was not under arrest…
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MA: Expired rental agreement permits a stop to be extended to check it out
Officers had probable cause for defendant's stop based on officers' listening to telephone calls between him and the CI. United States v. Santiago-Pagan, 2009 U.S. Dist. LEXIS 54202 (M.D. Pa. June 26, 2009).* "[E]ducated deductions…