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28 Jan 2012, 8:24 am
There is also no evidence Judge Work acted improperly or considered matters outside the warrant affidavit when making his probable cause determination. [read post]
5 Dec 2009, 9:11 am
.* Seventh Circuit declines to join the split on whether a person not on a rental contract has "standing" [n. 2; a word it notes the Supreme Court does not use anymore] because there was cause for the search no matter what. [read post]
27 Apr 2018, 8:14 am by Guest and Gray Law Firm
No matter what trick the insurance company tries to pull, we will be there to stop them and not just cut out the red tape, we will pull it down altogether. [read post]
19 Mar 2012, 3:21 am
., 489 U.S. 602, 618; Schmerber v California, 384 U.S. 757, 767; Matter of Abe A., 56 NY2d 288, 295). [read post]
25 May 2012, 4:46 am
Ed. 2d 694 (2009) ("An officer's inquiries into matters unrelated to the justification for the traffic stop ... do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop. [read post]
24 Jan 2007, 9:57 am
The court essentially held that it did not matter which sample was used but found the 2003 sample was lawfully taken [just as every other court has]. [read post]
20 Dec 2009, 10:03 pm
Officer's testimony as to cause of stop was sufficient to find reasonable suspicion for the stop as a matter of law, and the trial court erred in granting the motion to suppress. [read post]
2 May 2010, 6:33 am
“Even viewing all the facts asserted by the police in this matter as a whole, such facts fail ‘to eliminate a substantial portion of innocent travelers.; Mathurin, 561 F. 3d at 174 (citing Karnes, 62 F.3d at 493). [read post]
7 Jun 2012, 6:09 am
It is not unreasonable "for a police officer, as a matter of routine, to monitor the movements of an arrested person, as his judgment dictates, following the arrest. [read post]
16 Aug 2010, 12:52 pm by jamison
  Factors that would render a prospect ineligible include:  (1) testing positive for drugs, (2) former participation in a diversion program, (3) history of violent crime, (4) currently on probation/parole/supervised release for a violent or serious crime, and (5) being held on bond on another matter. [read post]
17 Aug 2008, 3:47 pm
August 15, 2008): Although as a general matter an individual has an objectively reasonable expectation of privacy in his personal computer, see United States v. [read post]
24 Dec 2011, 9:12 pm
See Johnson, 555 U.S. at 333 (holding that a law enforcement officer’s “inquiries into matters unrelated to the justification for the traffic stop ... do not convert the encounter into something other than a lawful seizure,” provided the questions “do not measurably extend the duration of the stop”). [read post]
10 May 2022, 7:29 am by Seth Davis
” In a prior decision in the same matter, the Court denied enforcement of an NLRB decision that found that the petitioner violated the NLRA when it discharged an employee for “‘insulting and harassing conduct,'” because the NLRB did not “address the potential conflict between its interpretation of the NLRA and Constellium’s obligations under state and federal equal employment opportunity laws. [read post]
5 Apr 2011, 9:00 pm
In the most recent case, In the Matter of an Application of the United States of America for an Order Authorizing the Release of Historical Cell-Site Information, 2011 WL 679925 (Feb 16, 2011), Judge Orenstein tries to apply Maynard to determine if a particular discosure of information is protected by the Fourth Amendment under the Maynard mosaic theory. [read post]
10 Oct 2011, 6:30 am
.* “Viewing the evidence and drawing all reasonable inferences in the light most favorable to Johnson, we cannot say that the officers’ use of force was objectively reasonable as a matter of law. [read post]
27 Oct 2010, 5:50 pm
Nearly everyone agrees that, as an intuitive matter, the “reasonableness” of a search or seizure depends to some degree on the seriousness of the crime being investigated. [read post]
22 Feb 2009, 5:45 am
From Gadling: It was only a matter of time - the first airport in the nation has switched to full body scanners as a replacement for the usual metal detector at the checkpoint. [read post]
21 Oct 2008, 11:07 am
In exercising this discretion, the trial court may permit cross-examination "as to all matters reasonably related to the issues [the defendant] put in dispute by his testimony on direct. [read post]