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17 Sep 2010, 2:00 am
Leis, 255 F.3d 325 (6th Cir. 2001). 21 Although the United States Court of Appeals for the Third Circuit has not directly addressed this issue, it has permitted the seizure of computer hardware upon a showing of probable cause that the hardware is the instrumentality or evidence of a crime, such as the possession of child pornography. [read post]
6 Jun 2012, 4:32 am
In considering the constitutionality of these seizures on appeal, we must weigh "the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty. [read post]
18 Feb 2012, 9:02 pm
Indeed, Henson does not argue on appeal that his computer was an improper target of the search. [read post]
2 Feb 2008, 9:04 am
The United States Court of Appeals for the Fifth Circuit in Brown v. [read post]
22 Mar 2009, 6:17 pm
. 'In the absence of an adequate record on appeal, this court must presume that the trial court's rulings were supported by sufficient evidence.'" The record supports that a patdown was proper, and baggies of marijuana were found on his person. [read post]
1 Sep 2007, 10:48 am
.* The limited record provided for the appeal still supports the trial court's conclusion that the defendant consented to a search despite his alleged limited knowledge of English. [read post]
10 Mar 2008, 4:48 am
LEXIS 26 (March 6, 2008) (3-2): [*P13] Because it is dispositive of this appeal, we will limit our consideration only to that exception which sanctions a search of the automobile for evidence which might relate to the crime for which Sam was arrested. [read post]
30 Jun 2008, 11:41 am
The district court had no opportunity at the time of the motion to suppress to consider the question because Randolph was decided after the case came to us on appeal. [read post]
27 Sep 2009, 11:58 pm
.* "[T]he Defendant appeals the trial court's conclusion that the checkpoint did not unreasonably intrude upon his constitutional right to privacy, arguing (1) the advance publicity of the checkpoint was inadequate; (2) the checkpoint lacked a basis in a statistical study establishing the need for DUI deterrence at the checkpoint's location; and (3) the checkpoint inadequately limited supervising officer Sergeant Bay's discretion in implementing the checkpoint. [read post]
24 Mar 2009, 4:35 am
.* The Alabama Court of Criminal Appeals affirmed by memorandum four word opinion C.R.F. v. [read post]
26 Sep 2011, 5:15 am
Bruce, 109 F.3d 323 (7th Cir. 1997), for example, the United States Court of Appeals for the Seventh Circuit concluded that shotgun ammunition, while not contraband in and of itself, “assume[d] an incriminating nature in connection with the search for items such as assault rifles. [read post]
29 Apr 2009, 6:18 am
.* Defendant's Fourth Amendment claim rejected on direct appeal could not be addressed in a § 2255. [read post]
6 Sep 2007, 5:13 am
Carvajal was the only appellant of the three in the case when it came up with this issue; all three were in the government's cross-appeal, which it dismissed.]: Given the common law origins of § 3109 and the Fourth Amendment's knock-and-announce principle, it is unsurprising that they overlap to a considerable extent. [read post]
2 Nov 2007, 8:06 am
October 25, 2007) (unpublished): Barry-Scott also appeals the district court's denial of her motion to suppress the search of her residence, arguing that the judge who issued the warrant was not neutral and detached because he previously represented her and her husband around 1994-95 and was aware of their drug activities. [read post]
28 Apr 2012, 2:19 pm
Other courts of appeals have observed that baton launchers and similar "impact weapons" employ a substantially greater degree of force than other weapons categorized as "less lethal," such as pepper spray, tasers, or pain compliance techniques. [read post]
11 Jul 2008, 10:34 am
" "Normally the denial of a pretrial motion to suppress evidence preserves the objection for appeal and defense counsel need not renew the objection at trial. [read post]
31 Aug 2007, 6:28 am
The court recognizes that the Eighth Circuit Court of Appeals has held that "punctilious paragraph-by-paragraph dissection of the supporting affidavit" is not the appropriate standard of review. [read post]
28 Sep 2010, 1:25 pm
When does lawful police action impermissibly "create" exigent circumstances which preclude warrantless entry; and which of the five tests currently being used by the United States Courts of Appeals is proper to determine when impermissibly created exigent circumstances exist? [read post]
2 Sep 2012, 12:22 pm
Courts of Appeals for the Third and Ninth Circuits as well as the Virginia Supreme Court, which have upheld statutes similar to Maryland’s DNA Collection Act. [read post]
7 Feb 2012, 6:05 am
Moreover, our decision in Benson relied upon a 2008 Washington Court of Appeals case wherein that court held that “a defendant did not have a legitimate expectation of privacy in telephone bills in the name of defendant’s wife. [read post]
