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14 Jun 2008, 3:48 am
Accordingly, we conclude that the circuit court did not err as a matter of statutory interpretation in granting the defendant's motion to suppress the bank documents and the defendant's incriminating statements. [read post]
31 Oct 2011, 6:15 am
(5) William Henderson, Andrew Morriss: “It’s Time to Restore Morality to Law School Rankings” (1) Why the Jessica Cutler case matters (2) [read post]
25 Apr 2010, 7:40 am
He was clocked at 73 in either a 65 or 70 zone (it didn’t matter), and he was dressed in appropriately for the weather and he was sweating profusely and nervous. [read post]
10 Jun 2007, 7:33 am
When a request for consent is virtually simultaneous with an illegal pat-down search and there is no break in the activity between the pat-down search and the consent, the consent is not voluntary as a matter of law, and the evidence must be suppressed as fruit of the poisonous tree under Wong Sun. [read post]
7 Apr 2012, 11:44 am
April 3, 2012)*: To the extent that the Government argues that probable cause existed because, on one occasion, Officer Borgmann might have reasonably believed that the Denali momentarily and slightly touched the fog line, that argument fails as a matter of law. [read post]
17 Jun 2010, 4:35 am
He consented first to an entry at the officer’s suggestion so they would not be discussing the matter in the hallway outside. [read post]
27 Aug 2011, 8:12 am
August 22, 2011): As an initial matter, Coke concedes that he is not protected by the Fourth Amendment and therefore, recognizes that he cannot seek to suppress the wire interceptions of his telephone calls on that basis. [read post]
11 Jun 2011, 2:35 am
Colorado (1949), and held that the state courts must exclude illegally seized evidence as a matter of federal constitutional law. [read post]
30 Nov 2011, 6:27 pm
Doesn't that matter anymore to the party of "small government"? [read post]
4 Dec 2013, 9:35 am
[A]s a general matter, it is unlikely that pay for priority would satisfy the 'no unreasonable discrimination' standard." [read post]
26 Apr 2011, 2:10 am
Under the circumstances, however, it is understandable how the primary issues in this matter—the viability and scope of Valencia's apparent authority—became lost, as defense counsel failed to even mention them at oral argument before the district court or here. [read post]
CA6: In SI, it is how defendant could have got to part of car searched, not how officer actually did
7 May 2011, 4:46 am
Here, Beaver testified that he could have accessed the hatchback area from inside the vehicle, but as a matter of convenience, he chose to open the hatch from outside. [read post]
1 Dec 2010, 8:10 am
.* As long as the officer has probable cause for some offense to stop defendant’s car, it does not matter that defendant was arrested for a different offense. [read post]
3 Apr 2012, 1:03 am
Largely enacted in the latter part of the twentieth century, these statutes address matters vital to modern existence. [read post]
13 Jul 2007, 4:49 am
The video would show activities and statements of the defendant and would be discoverable as a matter of course. [read post]
15 Aug 2011, 5:12 am
A gym bag in the back seat, however, was a different matter. [read post]
14 Aug 2012, 4:01 am
.* Defendant’s IAC claim against defense counsel on the probable cause question is insufficient as a matter of law because it was preserved for appeal. [read post]
9 Apr 2008, 4:07 pm
Whether it can be justified in court is another matter. [read post]
16 Jan 2009, 3:43 pm
It did not matter that the police became aware of the warrant following, and as a result of, an otherwise unlawful detention. [read post]
21 Dec 2008, 3:41 pm
Significantly, "what matters is not whether [Arnett] had access to the [closet], but whether she had mutual use and joint access to or control over [the shoe box]. [read post]
