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4 Nov 2011, 5:00 am
The Second Circuit Court of Appeals concluded that those contacts did not give rise to a reasonable expectation of privacy in the barn, and thus the defendants lacked standing to challenge the seizure of evidence from the barn. [read post]
28 Jul 2007, 9:52 am
§ 2466, the same as the rule that a fugitive forfeits his appeal, applies to a civil forfeiture action involving the home of the potential claimant. [read post]
14 Oct 2011, 4:18 am
The difficulty in drawing a bright line is evident as we are not aware of any court of appeals that has adopted either a requirement that certain anatomical areas of one's body, such as genitalia, must have been exposed for that person to maintain a privacy claim under the Fourteenth Amendment or a rule that a nonconsensual exposure of certain anatomical areas constitutes a per se violation. [read post]
27 Feb 2010, 10:20 pm
This was also the holding of the Dallas Court of Appeals in Vanmeter v. [read post]
16 Nov 2010, 12:32 am
From the New York Court of Appeals decision: As the Farias-Gonzalez court pointed out, the policy rationale of the exclusionary rule would not be served by its application to identity-related evidence. [read post]
7 Feb 2012, 5:07 am
The first paragraph of Pena-Flores: At issue in these appeals, which we have consolidated for the purpose of this opinion, is the automobile exception to the warrant requirement. [read post]
5 Apr 2007, 3:54 am
April 4, 2007): On appeal, Patterson argues that the district court violated the Supreme Court's recent decision that "a warrantless search of a shared dwelling ... over the express refusal of consent by a physically present resident cannot be justified ... on the basis of consent given to the police by another resident. [read post]
19 Dec 2007, 5:29 am
(Defendant also did not provide a transcript of the suppression hearing for appeal, so this was based on the trial record.) [read post]
18 Mar 2010, 3:26 am
Accordingly, we affirm the decision of the court of appeals. [read post]
23 Aug 2016, 4:00 am
The relatively simple issue of whether an injunction should be granted (currently under appeal) masks the complexity of the underlying facts and legal issues at play. [read post]
8 May 2022, 9:05 pm
The appeal of these returns to retail investors is obvious. [read post]
16 May 2011, 7:52 am
Respondent entered a conditional guilty plea, reserving his right to appeal the suppression ruling, and the Kentucky Court of Appeals affirmed. [read post]
26 Jan 2009, 2:30 pm
The Arizona Court of Appeals reversed. [read post]
28 Jun 2007, 11:32 pm
.'" The Court of Criminal Appeals held, relying on Pollock v. [read post]
22 Jun 2007, 4:44 am
The parties appealed and cross-appealed, and the Eighth Circuit granted qualified immunity to the officer. [read post]
8 Nov 2007, 7:07 pm
" The motion to suppress was denied by the trial court but reversed on appeal. [read post]
27 May 2011, 5:17 am
The Court need not decide if an appellate court can also entertain an appeal from a party who has prevailed on immunity grounds. [read post]
18 Jun 2007, 8:58 am
The trial court denied the motion, but the California Court of Appeal reversed, holding that Brendlin was seized by the traffic stop, which was unlawful. [read post]
20 Mar 2007, 5:12 am
March 15, 2007).* Plaintiff's § 1983 claims were, in effect, appeals from state court decisions on the same issues, and they were barred by the Booker-Feldman doctrine. [read post]
3 Nov 2010, 5:18 am
In his decision denying warrantless access to historical cell site information, Judge Orenstein relied most heavily on the recent decision of the Court of Appeals for the District of Columbia in United States v. [read post]
