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9 Nov 2009, 4:14 am
.* Defendant’s failure to include inventory in his motion to suppress precluded relying on that argument on appeal. [read post]
2 Aug 2011, 5:39 am
.* Police had a search warrant for defendant’s blood, and his arguments on appeal were that reasonable means were not employed for drawing the blood by a certified medical technologist because she failed to ask his medical history first and because the paperwork could have been more complete. [read post]
9 Jan 2010, 9:01 am
LEXIS 4 (January 6, 2010): Defendant, who was convicted of possession of methamphetamine, ORS 475.894, argues on appeal that the trial court erred in denying his motion to suppress evidence found during a warrantless search of his car. [read post]
5 Feb 2010, 4:16 am
The Court of Appeals has held that the Commissioner was empowered to choose the method of drug testing, and that choice was not subject to collective bargaining (see Matter of City of New York v Patrolmen's Benevolent Assn. of City of N.Y., Inc., NY3d , 2009 NY Slip Op 09314 [2009]). [read post]
19 Feb 2009, 5:50 am
Oct. 29, 1997)("The question we must decide in this appeal is whether MCB Quantico is a closed military base. [read post]
3 Aug 2011, 4:08 am
LaPlante, 2011 ME 85 (August 2, 2011): [¶1] In this appeal, we consider the constitutionality of a state trooper’s stop of a vehicle for the sole purpose of seeking information from the operator concerning another vehicle that the trooper observed speeding. ... [read post]
9 Jan 2010, 10:02 pm
.* Defendant’s § 2255 IAC Fourth Amendment claim was the same as his direct appeal and could not be relitigated. [read post]
10 Sep 2007, 9:10 am
On appeal, the conviction was reversed and the appellate court determined that the officers lacked probable cause to stop and search him. [read post]
2 Mar 2012, 6:50 am
She also avers on appeal that it is illogical that she was barred from seeking suppression on the basis that she lacked a possessory interest, but was found guilty of possession, for which there had to be evidence of a possessory interest. [read post]
27 Feb 2007, 5:30 am
"Because Midgette failed to present his other arguments regarding the constitutionality of the North Carolina probation law and the lack of reasonable suspicion to the district judge as objections to the magistrate judge's report, we conclude that he waived his right to appeal those issues. [read post]
27 Dec 2007, 6:41 am
December 20, 2007)* (apparently the product of a jail house lawyer; I had a CJA appeal once where the jailhouse lawyer slipped an issue by the district court that was not even litigated). [read post]
9 May 2010, 5:09 am
Supreme LEXIS 17 (May 4, 2010): But the salient question in this appeal does not concern the observations the officers made from the public road or from Simmonds’ front yard. [read post]
28 Sep 2007, 9:00 pm
In reaching its decision, the court is persuaded by the reasoning of the United States Court of Appeals for the Seventh Circuit in Molina ex rel. [read post]
31 Mar 2011, 2:00 am
Furthermore, as discussed in Part IV, at least two state courts differ in their treatment of this issue, and the Minnesota Court of Appeals’ invalidation of a statute analogous to North Carolina’s is instructive on the Fourth Amendment unreasonableness of cheek swabs under such statutes. [read post]
5 Jul 2009, 7:13 am
The search warrant permitted a search of pants pockets (aside from the fact that defendant disclaimed this issue in the trial court and then raised it on appeal). [read post]
7 Oct 2010, 4:37 pm
Therefore, we reverse the Court of Appeals and remand. [read post]
5 Feb 2008, 4:26 am
The First Circuit Court of Appeals has had at least one occasion to decide whether to apply the motor vehicle exception to an automobile parked in a private driveway. [read post]
25 Apr 2009, 6:52 am
The Court of Military Appeals has observed that an entry gate at a base is the functional equivalent of a border for Fourth Amendment purposes. [read post]
15 Apr 2007, 8:56 am
Quality of CI's information was not argued to the trial court, so it could not be argued on appeal. [read post]
24 Oct 2008, 5:50 pm
Civil case for unlawful search and seizure after the claims had been denied in plaintiff's criminal case and affirmed on appeal cannot form the basis of a civil case. [read post]
