Search for: "Pb, Appeal of"
Results 621 - 640
of 1,089
Sorted by Relevance
|
Sort by Date
14 Mar 2008, 3:18 am
Accordingly, we hold that the Court of Appeals erred in affirming the judgment of the circuit court overruling Cost's motion to suppress the evidence illegally seized from his person under the Fourth Amendment of the United States Constitution. [read post]
30 Aug 2011, 9:01 pm
—Austin August 26, 2011): As the court of criminal appeals noted in Kothe, it is critical to identify the precise government conduct being objected to, because this often will be determinative of the standing issue. [read post]
13 Apr 2007, 12:46 pm
As the Court of Appeals did not hold that the detention was prolonged by the questioning, there was no additional seizure within the meaning of the Fourth Amendment. [read post]
17 Nov 2011, 6:29 am
.* Defendant’s claim that a jail monitoring telephone calls violated the state wiretapping statute was not raised until appeal and is waived, but defendant would lose on the merits anyway because he consented to speaking on the phone knowing that calls were recorded. [read post]
23 Jul 2012, 4:45 am
In dicta, the Court of Appeals cautioned that "perhaps,... a demand for the display of identifying characteristics such as scars or birthmarks on parts of the body not normally exposed" may be a Fourth Amendment "search. [read post]
11 Feb 2008, 9:01 pm
Plaintiff appealed the county court's denials of his motions to suppress, and the court's decisions were not overturned by the appellate courts. [read post]
24 Mar 2008, 11:13 pm
On appeal, the State concedes that the instant case is distinguishable from Leon. [read post]
23 Jul 2010, 5:40 am
March 8, 2010): In One 1977 Mercedes Benz, the Ninth Circuit Court of Appeals held that a defendant lacked standing to challenge the search of her vehicle where she had voluntarily turned possession of that automobile over to a third party for his exclusive use and had taken no precautions to safeguard any privacy interest within the vehicle. 708 F.2d at 449. [read post]
10 Aug 2011, 4:23 am
Accordingly, the AUSA requested the Court to file a memorandum opinion, so that the government can appeal. [read post]
29 Jul 2011, 5:21 am
July 25, 2011): On appeal, the government makes four arguments seeking to excuse Trooper Conner's lack of diligence. [read post]
16 Mar 2010, 5:30 am
.* Any appeal here of the trial court’s findings on reasonable suspicion would be frivolous under Anders. [read post]
21 May 2010, 5:02 am
The district court’s findings on consent were not overcome by defendant’s arguments on appeal. [read post]
6 Dec 2007, 2:59 am
Under these facts reasonably relied upon by the district court, Amaral-Estrada failed to exhibit any legitimate privacy interest in the Chrysler M300 and therefore lacks standing to challenge the search of the vehicle; therefore we need not address his third issue on appeal as to whether there was probable cause to search the Chrysler M300. [read post]
10 Aug 2008, 1:53 pm
If Defendant is arguing on appeal that his trial counsel's mention of "an additional Miranda issue" in the context of his arguments below raised a separate state constitutional argument that the agents were obligated to inform him that he had a right not to cooperate with them, his argument is an unreasonable stretch of the district court record. [read post]
15 Jan 2008, 5:28 am
It was irrelevant to the appeal because the search of that place was never used at trial. [read post]
23 Jan 2011, 9:54 pm
.* Defendant’s claims that appellate counsel did not chose better arguments for appeal of his search issue would not have succeeded, so no IAC. [read post]
15 Aug 2011, 4:54 am
.* In his 2255, defendant argued that his counsel did not “properly” argue the suppression motion that was filed and litigated and appealed. [read post]
29 Jan 2012, 3:36 pm
Court of Appeals for the Ninth Circuit ruled that the Fourth Amendment did not apply to airport security, “noting that airport screenings are considered to be administrative searches because they are conducted as part of a general regulatory scheme, where the essential administrative purpose is to prevent the carrying of weapons or explosives aboard aircraft. [read post]
31 May 2007, 9:52 pm
"While the appeals court was not precluded from conducting a sua sponte inquiry into Moody's standing, we conclude the panel should have limited its review to the record at the suppression hearing, which was lacking facts necessary to make a fully informed determination. [read post]
3 Sep 2011, 6:27 am
We noted that neither the Eighth Circuit nor the Supreme Court had decided whether the jury instructions at issue were adequate, and that two other courts of appeals had addressed the issue and come to contrary conclusions. [read post]
