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6 Feb 2009, 6:04 am
With respect to the Circuit Courts of Appeal, eight circuits presently agree that reasonable suspicion must be present before a strip search is conducted in this context. [read post]
3 Apr 2011, 1:24 pm
Court of Appeals for the Seventh Circuit in Reardon v. [read post]
25 Feb 2007, 10:27 pm
The United States Court of Appeals for the Eleventh Circuit affirmed the denial, stating that under Tennessee v. [read post]
27 Nov 2009, 6:47 am
November 18, 2009),* prior appeal Harman v. [read post]
26 Jun 2011, 4:47 am
Neither the court of appeals nor the State advances such a restrictive rule. [read post]
10 Jul 2009, 5:23 am
McSwain, 29 F.3d 558 (10th Cir. 1994), wherein the Tenth Circuit Court of Appeals stated, in dicta, that a police officer may, "[a]s a matter of courtesy," explain to an erroneously stopped driver the mistaken reason for the stop, before "allow[ing] them to continue on their way. [read post]
30 Nov 2008, 6:26 pm
Based on the cases cited above, it appears that Defendant's argument has been adopted by three courts of appeals, but it has been rejected by at least five. [read post]
11 Feb 2011, 6:35 am
Applying the governing legal principles of these decisions to the facts of the case before us, we join the Fifth, Tenth, and Eleventh Circuits in holding that exclusion is not the appropriate remedy when an officer reasonably relies on a United States Court of Appeals’ well-settled precedent prior to a change of that law. [read post]
27 Aug 2009, 4:55 am
Defendant's appeal that that district court's decision was clearly erroneous based on his version of stop having been rejected and having no evidence to support it was frivolous. [read post]
13 May 2007, 8:23 am
Since a warrantless search gets de novo review, we can expect the government to appeal. [read post]
29 Aug 2007, 5:02 am
Defendant's Franks claim could not prevail in any event, so his request for a COA to appeal denial of his § 2254 is denied. [read post]
22 Dec 2007, 7:32 am
Changing the argument on appeal from the one presented to the trial court is a waiver of the argument not presented to the trial court. [read post]
5 Jan 2008, 5:12 am
Ed. 2d 383 (1994) (bars civil actions seeking damages where a decision in favor of the plaintiff would necessarily imply the invalidity of the plaintiff's conviction or sentence unless the conviction or sentence has been "reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus" under 28 U.S.C. [read post]
24 Aug 2009, 9:37 pm
Court of Appeals for the Third Circuit considered such a situation in Delfin-Colina, 464 F.3d at 398. [read post]
10 Jul 2009, 5:20 am
McSwain, 29 F.3d 558 (10th Cir. 1994), wherein the Tenth Circuit Court of Appeals stated, in dicta, that a police officer may, "[a]s a matter of courtesy," explain to an erroneously stopped driver the mistaken reason for the stop, before "allow[ing] them to continue on their way. [read post]
19 Dec 2009, 6:36 am
.* A shaving kit was searched incident to arrest pre-Gant (and certainly appeared invalid under Gant, but the defendant did not make a proper objection, so it was waived for appeal. [read post]
19 Jan 2008, 11:13 am
Ruggirello does not challenge on appeal the reliability of the information provided by the confidential informants; therefore, it was indisputably proper for Detective Basnaw to take account of this information in formulating his belief that prompt action was necessary and that exigent circumstances existed. [read post]
27 Jun 2009, 12:44 pm
The Third Circuit held: We join these courts of appeals in finding seizures in the public school context to be governed by the reasonableness standard, giving special consideration to the goals and responsibilities of our public schools. [read post]
23 Jun 2007, 5:32 am
.* Plaintiff was convicted in state court based on the search of his property, and it was affirmed on appeal. [read post]
5 Aug 2007, 1:20 pm
.* In a related appeal from the same raid, the court also held that the warrant for the "curtilage, common and storage areas" allowed searches of a car in the driveway and a common basement. [read post]
