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10 Apr 2011, 9:42 pm
While this case was working its way up, the state Court of Appeals held that pretextual stops violated the state constitution. [read post]
27 Dec 2011, 9:18 pm
Bansal reargues on appeal that the garage was not within the curtilage and that the agents’ reliance upon an interested prosecutor’s telephone advice is not sufficient to establish a good faith defense. [read post]
2 Aug 2007, 3:55 pm
The State made no argument at trial, nor does it claim upon appeal, that the tip from the residents of the house included any assertion of illegality. [read post]
15 Feb 2011, 4:38 am
Defendant relies on a recent decision by the Court of Appeals for the District of Columbia Circuit holding that prolonged GPS monitoring — 24 hours a day for four weeks — was a Fourth Amendment search and was unreasonable without a warrant. [read post]
28 Aug 2011, 9:20 pm
August 3, 2011) (unpublished): On appeal the Association reasserts its narrow argument that inspections under the Code do not meet the first Burger prong because there is no substantial government interest in tagging animals. [read post]
29 Jul 2007, 10:17 am
” Wilkes thus obtained a judgment for damages, and it was affirmed on appeal. [read post]
11 Mar 2009, 11:08 pm
As noted, the state has expressly abandoned, and conceded, that matter on appeal. [read post]
29 Jun 2009, 6:07 am
June 26, 2009): On appeal, the government argues that the district court erred in suppressing Morse's statements and the crack cocaine based on Miranda, and we agree. [read post]
21 Jun 2011, 4:53 am
App. 4th 1178 (4th Dept. 2010) posted here): For the reasons discussed below, we conclude that the Court of Appeal erred in determining that, under the applicable California statutes and the Fourth Amendment of the United States Constitution, a game warden may make such a vehicle stop only if the warden is aware of facts that give rise to a reasonable suspicion that the angler or hunter has violated a fish and game statute or regulation. [read post]
6 Sep 2009, 9:25 am
LEXIS 1562 (September 3, 2009): On appeal, Zamora contends that he had both a subjective and objective expectation of privacy in his phone statements because he spoke in Spanish. [read post]
28 Nov 2009, 6:48 am
.* Defendant's guilty plea was unconditional, but the government concedes that he wanted to reserve the right to appeal, so the plea is vacated and remanded for a do over. [read post]
31 Mar 2009, 6:43 am
Texas Court of Criminal Appeals disagrees with with Keehn v. [read post]
24 Apr 2007, 4:59 am
Rather, this appeal concerns the lawfulness of the officer's conduct following the initial stop. [read post]
16 Jul 2007, 5:49 am
Comment: When you read the affidavit for the search warrant, the first issue that jumps out at you is the conclusory nature of the information in the affidavit which is rubberstamped by the district court and court of appeals as sufficient to show probable cause. [read post]
6 Apr 2012, 5:46 am
Accordingly, we reverse the Court of Appeals in both cases, reverse the defendants' convictions, and remand these cases for further proceedings consistent with our decision herein. . . . [read post]
28 Nov 2010, 9:01 pm
The State, however, urges us to adopt the minority view held by the Eighth Circuit Court of Appeals. [read post]
10 Aug 2012, 1:39 pm
Golden Valley makes four principal arguments on appeal. [read post]
8 Dec 2009, 6:52 am
.* Defendant's guilty plea waived appeal of his motion to suppress. [read post]
14 Apr 2011, 11:46 am
The trial court granted Jardines' motion to suppress the evidence, and the State appealed. [read post]
21 Sep 2009, 1:19 am
Findings from the verbatim adoption of proposed findings may be reversed on appeal only if they are clearly erroneous. [read post]
