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26 May 2007, 8:18 am
The court of appeals decision was reversed. [read post]
14 Aug 2009, 5:51 am
August 10, 2009) (unpublished): On appeal, Tagliamonte asserts, generally, that the "prior illegal entry ... tainted the search warrant," and that he is entitled to a hearing to "determin[e] the extent of the agents' actions during the illegal search and the extent of any evidence found. [read post]
22 Sep 2007, 5:32 am
However, as previously noted, the Texas Court of Criminal Appeals has held that, in applying the general rule, an investigative stop can last no longer than necessary to effect the purpose of the stop; it should be remembered that a check for driver's license and warrants is an additional component to a routine traffic stop. [read post]
8 Dec 2007, 7:30 am
Here, the court of appeals, incidentally hearing this case at a high school (fn.3), Giulianiistically invokes "9/11" and "Columbine", the latter of which alone semi attempts to make the point. [read post]
10 Feb 2008, 6:35 am
For purposes of this appeal, we need not address the hypothetical question of whether Young could have been searched at her apartment, had her apartment been searched pursuant to the warrant. [read post]
16 Mar 2008, 7:08 am
For purposes of this appeal we conclude Green was in custody from the point when he was arrested and handcuffed by Officer McGeough. [read post]
25 Dec 2011, 9:21 pm
To this end, the record on appeal contains no evidence regarding the length of time that would have been required for the troopers to obtain a warrant (including the drafting of an affidavit, its presentation to a magistrate, and then a return to the scene for service). [read post]
27 Oct 2009, 5:27 am
[*P11] On appeal, White argues that Haines violated his Fourth Amendment rights when he asked for identification. [read post]
1 Dec 2011, 6:07 am
Stephen Colbert—among others—picked up the story, which was later cited by the Ninth Circuit Court of Appeals in a case concerning police surveillance tactics. [read post]
15 Jul 2011, 12:38 pm
I believe this is the first clear court ruling on the question, and it’s certainly the first from a federal court of appeals. [read post]
7 Jan 2008, 1:56 am
Deciding the search in an appeal in a criminal case binds a later forfeiture action. [read post]
10 Mar 2011, 6:17 am
This conclusion is consistent with the view of the New York Court of Appeals in People v. [read post]
19 Oct 2007, 6:09 am
In Newton, the Sixth Circuit Court of Appeals found that the searches of the defendant's four listed addresses were supported by probable cause despite the lack of a nexus because detailed evidence of Newton's drug operations was provided to the state judge. 389 F.3d at 636. [read post]
24 Apr 2009, 2:26 pm
And as Hayworth points out in her reply brief, the State makes no effort on appeal to explain, reconcile, or justify the discrepancies between Detective Southerland's affidavit and what the informant actually told him. [read post]
27 Jun 2011, 8:57 am
. ______ *Credit Chief Justice Lippman on the New York Court of Appeals with that thought in Weaver's oral argument in March 2009. ** Is The E-ZPass Box A Trojan Horse For Privacy Invasions? [read post]
13 Jul 2007, 3:04 pm
The New Mexico Court of Appeals refuses to overrule cases, using the word "constrained" [bad sign], requiring a separate showing of exigency in automobile searches. [read post]
9 Oct 2009, 6:11 am
The Third Circuit Court of Appeals disagreed, noting that a broad range of documents were required to be searched to "sort[] out the details of th[e] sophisticated scheme. [read post]
23 Jul 2009, 4:59 am
Setting aside the out of court identifications from the food court employees shown Carter's ID card (the suppression of those identifications was proper, and anyway the government does not appeal the issue), the search supplied investigators with Carter's name and (since the investigators had seen the illegally seized ID card) the knowledge that Carter matched the description of the bank robber. [read post]
21 May 2011, 8:26 am
(emphasis in original) This case is so compelling on the facts, I just can’t believe (1) the trial judge found this consent, and (2) that the state just did not concede error on appeal. [read post]
4 Nov 2009, 4:10 am
Gant was decided while the case was on appeal, and the state concede it governed the search. [read post]
