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5 Jan 2008, 1:15 pm
The state's claim that weapons were present was not advanced below so it would not be considered on appeal. [read post]
7 Nov 2011, 5:16 am
.* Under Washington law, however, a defendant who did not challenge his search incident under Gant because the hearing was before Gant was decided could still raise it on appeal. [read post]
3 Jun 2009, 4:10 am
Ed. 2d 694 (2009), on remand, the Arizona Court of Appeals concludes that the defendant passenger was lawfully searched because the officer had reasonable suspicion defendant was armed. [read post]
24 Feb 2012, 12:58 pm
WSJ Blog: Court: Fifth Amendment Protects Suspects from Having to Decrypt Hard Drives by Joe Palazzolo: In a ruling that could have broad ramifications for law enforcement, a federal appeals court has ruled that a man under investigation for child pornography isn’t required to unlock his computer hard drives for the federal government, because that act would amount to the man offering testimony against himself. [read post]
7 Apr 2012, 12:01 pm
[Note: Georgia Court of Appeals cases were only available on LexisOne which ceased April 1. [read post]
24 Mar 2011, 9:01 pm
To survive the motion to suppress, the state had to put into evidence their legal authority for the entry, the arrest warrants, to show that they were complying with the Fourth Amendment, so the conviction and affirmance by the court of appeals is reversed. [read post]
28 Jul 2012, 1:15 pm
See LATimes.com: Federal appeals court to reconsider California DNA-collection law by Maura Dolan. [read post]
4 Oct 2011, 6:07 am
The consent did not include bringing in a drug dog and the trial court was correct in suppressing and the court of appeals in affirming. [read post]
30 Sep 2007, 1:41 pm
While the court on appeal might draw a different conclusion, that is not the standard of review. [read post]
14 Jun 2008, 3:17 pm
The court of appeals affirmed, and the supreme court reversed. [read post]
23 Feb 2010, 4:30 am
The Illinois Court of Appeals follows Hudson in not applying the exclusionary rule to a no-knock violation under its state constitution, finding that the state Supreme Court would probably follow Hudson. [read post]
29 Jun 2017, 5:01 pm
City of Long Beach, (9th Cir. 2017) 852 F.3d 929, the Ninth Circuit Court of Appeals ruled that the owner of a California tattoo shop, Mr. [read post]
3 Apr 2008, 1:37 pm
The Navy-Marines Court of Appeals en banc reverses United States v. [read post]
25 Jul 2007, 2:50 pm
If you aren't familiar with the all of these NSA spying cases, a great primer can be found in the PBS documentary Spying on the Home Front. [read post]
18 Aug 2010, 9:59 am
August 17, 2010), prior appeal, McKenna v. [read post]
21 Jun 2008, 7:41 pm
Ohio's Fifth District Court of Appeals holds that Virginia v. [read post]
22 Feb 2010, 5:17 am
For a little over two weeks now, ever since the press got wind of an oral argument in the Third Circuit about a cell phone tracking information appeal by the government (see prior post: Fourth Amendment news--CA3 to hear argument on accessing cell phone location data), the blogosphere has been inundated with articles about the "Obama administration's" [it is his Justice Department, after all] efforts to get this information in a case involving drugs. [read post]
23 Feb 2011, 9:01 pm
A letter from a reader, reprinted with permission, but redacted to remove identifiers: I had an appeal in [my state], [citation omitted], concerning whether a seizure or a consensual encounter had occurred, and the law in [my state] on the subject was, well, not good. [read post]
9 Feb 2008, 8:14 am
[This is an example of make the full argument to the trial court and don't change your argument on appeal. [read post]
13 May 2007, 9:22 am
Considering the deferential standard that search warrant affidavits are entitled to, the court of appeals erred in focusing on what was not in the affidavit rather than what was. [read post]
