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11 Nov 2008, 11:43 am
LEXIS 230 (November 10, 2008): This appeal presents the question of whether a school principal who suspects that evidence of criminal activity will be found in a student's car parked on school grounds is required to have probable cause before searching that vehicle or whether, instead, the reasonable suspicion standard approved by our Supreme Court and the United States Supreme Court in State in re T.L.O., 94 N.J. 331, 346 (1983), rev'd on other grounds sub nom. [read post]
7 Dec 2008, 1:57 pm
Our Court of Appeals has explained, "[A]s far as the interests of the sovereign are concerned, we perceive the interest of the United States in warrantless searches without probable cause at this "internal" border to be little different from its interest in such searches at its international borders. [read post]
25 Oct 2009, 7:08 am
Analyzing in detail the law of probation and parole searches, which is well worth the read, the Tennessee Supreme Court reverses the court of criminal appeals, State v. [read post]
25 Feb 2008, 2:39 pm
” The state of Arizona contended in its appeal that the Arizona Supreme Court had undercut the Supreme Court’s 1981 decision in New York v. [read post]
26 Apr 2010, 6:02 am
.* The argument defendant raises on appeal was not the one raised in the trial court, so the issue is not preserved for review. [read post]
11 Nov 2010, 7:11 am
Harris, so he obviously gets no COA for appeal. [read post]
24 Aug 2011, 7:13 pm
§ 1983, asserting excessive force in violation of the Fourth Amendment, and now appeals from an adverse grant of summary judgment. [read post]
19 Jan 2008, 8:01 am
January 16, 2008), prior appeal KRL v. [read post]
22 Jul 2008, 1:30 pm
LEXIS 857 (July 16, 2008) (over a dissent)*: On appeal, Johnson argues that the search of the room was unlawful because the officers did not have authority to enter the motel room when they had no search warrant, no consent to enter, or exigent circumstances that justified their warrantless intrusion. [read post]
18 Jan 2009, 8:51 am
On the state's petition for discretionary review, the Court of Criminal Appeals independently determines that defendant's stop was justified by probable cause. [read post]
6 May 2012, 9:08 am
I found Dan Rodricks' commentary regarding DNA testing and the recent Maryland Court of Appeals ruling ("DNA: Why wait for an arrest? [read post]
27 Feb 2010, 10:38 am
LEXIS 78 (February 23, 2010): In this appeal, we consider the validity of evidence seized during an administrative search conducted after a probation officer telephonically conferred with his supervisor but failed to complete a tangible, paper copy of a pre-search checklist. [read post]
27 Aug 2010, 9:15 pm
Given the requirement, discussed above, that Gant must be applied to cases pending on direct appeal when it was decided, this argument is misplaced. [read post]
30 Jun 2009, 6:17 am
The New York Court of Appeals' decision in Keta and the Grasso Memo--which was official NYPD policy--make it perfectly clear that police officers are not privileged, under the New York State Constitution, to invade safes without a warrant. [read post]
11 Jul 2009, 3:52 pm
Whether Kern was a resident at the farm or an overnight guest is inconsequential to the resolution of this appeal because Kern was properly arrested pursuant to valid warrants and the firearms seized were in an area within his immediate control. [read post]
19 Aug 2011, 9:19 pm
On appeal, the court held that the officer was a whistle blower, and his motive for complaining was pretty much irrelevant. [read post]
26 Jun 2008, 3:46 pm
Trial court's determination on conflicting evidence that defendant's grandmother consented to a search of her home was binding in the appeals court. [read post]
11 Mar 2010, 2:45 pm
March 11, 2010): We are not the first court of appeals to consider this question, but the other circuits have split on the issue. [read post]
8 Dec 2010, 3:52 am
LEXIS 132 (December 3, 2010): Although Chase uses the phrase “pretext stop” to describe his claim on appeal, he is not actually talking about the “pretext” stop doctrine that this Court discussed in Morgan, Grohs, and Nease. [read post]
6 Aug 2011, 10:04 am
.* Defendant preserved her argument that her purse could not be searched under the search warrant in the trial court, and the court of appeals erred on that score, but she loses on the merits of the argument because the warrant covered her purse found inside the house. [read post]
