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23 May 2012, 6:15 am
On appeal, the State compares this case to two cases from other jurisdictions in which officers apprehended suspects of sexual assaults soon after the crimes occurred and obtained penile swabs of the suspects in a manner such that appellate courts later held the swabs justified by exigent circumstances. [read post]
3 Aug 2011, 5:25 am
LEXIS 115 (July 29, 2011): In applying the notice test under the facts of this appeal, we reject the notion that Officer Phillips did not have notice that the purses belonged to the guests and not Davenport. [read post]
11 Jul 2007, 11:23 pm
Noble, 390 F.3d 486, 492 n. 8 (6th Cir. 2004) ("No federal appeals court has held a properly trained police dog is an instrument of deadly force. [read post]
2 Jan 2010, 11:29 pm
Defendant did not reserve for appeal his search issue, so it is waived. [read post]
26 Jan 2012, 6:23 am
In Fofana’s federal bank fraud case, the district court suppressed any evidence bearing Diallo’s name, and the Government appeals that order. [read post]
19 Jan 2008, 10:09 pm
The Third Circuit Court of Appeals has held that the police are only allowed to enter a suspect's home to make an arrest when they have probable cause to believe that the suspect is inside. [read post]
8 Nov 2010, 1:07 am
App. 2d DCA November 5, 2010): In his motion to suppress and on appeal, Bennett argues that a pick-up order is not a warrant and did not authorize the officer's entry into the premises. [read post]
14 Mar 2008, 3:26 am
LEXIS 2 (January 8, 2008), certiorari granted, No. 30,894, February 28, 2008: [*1] The State appeals the district court's order suppressing methamphetamine discarded by Defendant after he was stopped by police. [read post]
28 Aug 2010, 9:10 pm
And while the Court of Appeals was concerned with the possibility that someone might be able to peer into the room where the search was taking place, the evidence is to the contrary. [read post]
19 Feb 2012, 6:37 am
See Jones, 29 F.3d at 831-32 (predicting whether a state court would have exercised original jurisdiction over a § 1983 claim in an appeal from an administrative decision). [read post]
17 Jan 2012, 10:25 am
The court of appeals found the computer was not abandoned, State v. [read post]
18 Jan 2009, 8:19 am
LEXIS 6, (January 13, 2009) (pending 19 months after argument): [*P45] This lack of record support for any authority to extend the inspection beyond the second floor is fatal to both of the theories advanced by the State on appeal that the search of the third floor stairwell was constitutionally justified. [read post]
20 Jan 2007, 5:43 am
The judgment was affirmed on appeal. [read post]
14 Dec 2010, 3:12 am
LEXIS 355 (December 9, 2010): [*P10] For purposes of this appeal, we accept Talbot’s assertion that the Deputy’s initial encounter with Talbot was an arrest rather than a detention. [read post]
1 Feb 2008, 6:29 am
And that enabled it to have that mass appeal. [read post]
26 Feb 2008, 6:45 am
In turn, the Court of Criminal Appeals on remand referred to this conclusion as the holding in Fitten. [read post]
26 May 2007, 3:22 pm
To make such a prediction, the district court will examine: (1) state Supreme Court decisions in related areas; (2) "decisional law" of intermediate state courts; (3) opinions of federal courts of appeals and district courts applying state law; and (4) decisions from other jurisdictions that have discussed the issues before the court. [read post]
14 Aug 2012, 1:07 pm
The convictions must be upheld as there was no Fourth Amendment violation, and Skinner’s other arguments on appeal lack merit. [read post]
11 Oct 2010, 9:24 pm
We find the exclusionary rule inapplicable in Delker’s case and affirm the result reached by the circuit court and affirmed by the Court of Appeals. . . . [read post]
6 Sep 2009, 10:43 pm
The officer concededly believed that a hand to hand drug deal had gone down, but the appeals court is not persuaded. [read post]
