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31 Jul 2010, 8:34 am
The Court of Appeals for the District of Columbia concluded that the scope of permissible searches of automobiles was not “settled law” and therefore declined to apply Leon. [read post]
8 Apr 2009, 6:22 am
Defendant's plea agreement gave him permission to appeal evidence obtained from the execution of the search warrants, but not the pro se motions that he filed challenging the search, so his appeal on those grounds is dismissed. [read post]
19 Nov 2007, 5:48 am
Wulff, 428 U.S. 106, 120 (1976) (stating that the court of appeals should not ordinarily consider issue not passed on below); Barsten v. [read post]
7 Jun 2011, 4:52 am
Several courts, including several circuit courts of the United States Court of Appeals, have concluded in this context that a lawful termination includes a lawful eviction from a hotel room based in part or wholly on a guest’s misconduct. [read post]
9 Jun 2007, 7:24 am
Government's certification motion for an interlocutory appeal was not even filed until after the appeal was argued orally and got onto that issue. [read post]
11 Nov 2007, 3:50 am
Schultz, the United States Court of Appeals for the Sixth Circuit considered a situation in which an informant under arrest for drug related activity identified the defendant as his drug supplier. 14 F.3d 1093, 1096 (6th Cir. 1994). [read post]
26 Mar 2007, 3:24 am
Deputy Santucci entered without permission, and the State concedes on appeal that there is no exception to the warrant requirement that applies to this entry. [read post]
11 Jun 2007, 8:28 pm
" On appeal, appellant simply states: "[A]ppellant's objections and argument are located at R. [read post]
8 Mar 2007, 8:10 am
March 7, 2007): On appeal, Jennings challenges the court's determinations on his Fourth Amendment claim. [read post]
21 Feb 2007, 6:03 am
See DTA § 1005(e)(2). n15 The detainees objected to converting their habeas appeals to appeals from their Tribunals. [read post]
17 Jun 2011, 7:29 am
While his appeal was pending, this Court announced, in Arizona v. [read post]
24 Feb 2012, 11:16 am
& McKesson Corp., Civil Action No. 05-11148-PBS (D. [read post]
13 Sep 2009, 6:06 am
None has made it up on appeal yest. [read post]
9 Aug 2012, 3:26 am
Abad, 98 N.Y.2d 12, 17, 771 N.E.2d 235, 744 N.Y.S.2d 353 (2002), the New York Court of Appeals held that TRIP ‘properly balances the competing interests under Brown. [read post]
14 Aug 2010, 9:17 pm
August 12, 2010): The directive to steer clear of “unreasonable” searches cannot be reduced to a “frisk first” or any other one-size-fits-all command, which is presumably why courts of appeals have declined to adopt a “frisk first” requirement for Terry searches. [read post]
8 Nov 2011, 4:23 am
The Court of Appeals thus erred in affirming the trial court in its application of the independent source doctrine. [read post]
4 Aug 2009, 5:28 am
For example, the Eighth Circuit Court of Appeals has highlighted that "[a] seizure of property occurs when there is some meaningful interference with a person's possessory interests in that property," and that person's "right against unreasonable seizures is not vitiated" merely because the Government believes that it is the rightful owner of the property in question. [read post]
11 Nov 2007, 6:59 am
Two federal appellate cases where defense counsel was obliged to raise frivolous search issues (issues that I would have personally refused to bring because counsel does not have to do so just because the client insists (but some clients compel appealing issues as a CYA)): Probable cause was shown by defendant's neighbor's affidavit that the defendant had moved rifles from a truck to his house. [read post]
24 Mar 2008, 5:43 am
Here, it is significant that although the State claims on appeal that the seizure of the weapon was done in the interest of officer safety, none of the officers testified to any such concerns. [read post]
10 Nov 2010, 4:13 am
Although our court of appeals has not specifically addressed the extent to which this line of decisions applies to CSLI, its decision in United States v. [read post]
