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31 May 2011, 9:11 pm
The Court of Appeals was mistaken in believing that Edmond established that “ ‘programmatic purpose’ is relevant to Fourth Amendment analysis of programs of seizures without probable cause. [read post]
1 Jan 2008, 9:19 am
LEXIS 485 (December 27, 2007): The Supreme Court's opinion in Bell governs our approach to this appeal. [read post]
14 Mar 2007, 3:46 am
August 11, 2006): Pursuant to this understanding, both the Supreme Court and the United States Court of Appeals for the Tenth Circuit have held that an individual is not "in custody" for Miranda purposes simply because the individual is the target of an investigation or a suspect in a crime. [read post]
23 Nov 2011, 4:47 am
November 18, 2011): Turning to the novel issue on appeal, we conclude that the court properly refused to suppress evidence uncovered in the January 2010 search of property seized pursuant to the May 2009 warrant. [read post]
15 Jun 2007, 5:29 am
There was nothing inherently incredible or implausible about the testimony for an appeals court to reverse. [read post]
13 May 2007, 8:49 am
The Ninth Circuit Court of Appeals has held the scope of a probation search extends to an item that the police have "reasonable suspicion ... is owned, controlled, or possessed by probationer. [read post]
2 Jun 2012, 9:07 pm
Recently, the Court of Appeals for the Fourth Circuit addressed the denial of a motion to suppress under facts similar to those before this Court today. [read post]
5 May 2007, 8:31 am
Defendant's counsel's concessions at close of the suppression hearing that the officer who obtained the search warrant was a sworn law enforcement officer in the jurisdiction waived the argument for appeal [which likely was factually a loser anyway]. [read post]
5 Sep 2009, 8:01 am
LEXIS 732 (August 21, 2009): The issue on appeal is whether storing copies of search warrants in a briefcase amounts to "keep[ing] one copy as part of his ... official records. [read post]
19 Apr 2008, 11:47 am
No United States District Court or Court of Appeals has ever determined that disclosure to the defense of such materials was necessary to determine the lawfulness of surveillance or searches under FISA. [read post]
30 Apr 2007, 11:00 am
The Eleventh Circuit affirmed on interlocutory appeal, concluding, inter alia, that Scott’s actions could constitute “deadly force” under Tennessee v. [read post]
15 Oct 2009, 4:00 am
However, eight other Circuit Courts of Appeals have applied the following test or a close variant: (1) whether the government knew of and acquiesced in the intrusive conduct; and (2) whether the party performing the search intended to assist law enforcement efforts or to further his own ends. [read post]
19 May 2007, 9:09 am
May 15, 2007): The Eighth Circuit Court of Appeals has cautioned in a case involving the mistaken execution of a valid warrant on the wrong premises, "the Fourth Amendment's allowance for officers' honest mistakes is limited to mistakes that are objectively reasonable. [read post]
15 Feb 2007, 4:10 am
October 29, 2006): With respect to a defendant attempting to invoke the Fourth Amendment, who was in sole possession and control of a car rented by a third party at the time of search, the United States Court of Appeals for the Tenth Circuit has held that such a defendant does not have standing to challenge search or seizure of the car. [read post]
23 Aug 2006, 5:59 am
August 22, 2006): We recognize that a majority of our sister Circuit Courts of Appeals appear to require the satisfaction of both conditions before allowing a separate document to be read as part of the search warrant. [read post]
7 Apr 2007, 7:22 am
Defendant filed a motion to suppress and never obtained a ruling, so the issue was waived for appeal. [read post]
20 Jul 2007, 6:39 am
We therefore affirm the order in appeal No. 2. [read post]
26 Aug 2007, 1:30 pm
On appeal, defendant accepts that body of law, but argues that his custody status, as well as his prior invocation of his right to counsel, are important factors in judging the voluntariness of his consent. [read post]
10 Sep 2007, 8:14 am
As our Court of Appeals said, "When the government's interest is only to arrest for a minor offense, that presumption of unreasonableness is difficult to rebut, and the government usually should be allowed to make such arrests only with a warrant issued upon probable cause by a neutral and detached magistrate. [read post]
6 Jan 2007, 9:32 am
No motion was made here, but it was decided on the merits on appeal, and that satisfies Stone v. [read post]
