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27 Feb 2010, 9:16 am
Moreover, although "[w]hat matters for our purposes is not that the officers could guarantee that they could track down the informant again," the Officers had the "opportunity to find the informant if the tip did not pan out. [read post]
29 Jan 2009, 11:38 am
It doesn't matter. [read post]
12 Sep 2012, 1:18 pm
Eidinger, who has been tweeting the matter, tells me that he uses his drone to take aerial videos of Washington D.C., most of which you can find on his YouTube channel. [read post]
22 Mar 2008, 7:55 am
LEXIS 292 (March 20, 2008): As noted above, a warrant is a matter of public record. [read post]
20 May 2007, 8:40 am
It is enough if the officer simply has "knowledge of other matters that reasonably corroborate the informant's statements. [read post]
30 May 2012, 7:26 am
If the warrant is valid, good faith doesn't matter. [read post]
5 Aug 2011, 2:58 am
Iowa August 2, 2011): The defendant maintains that the stop became a de facto arrest when Officer Dennler (1) requested the defendant to place his hands on the patrol car so he could search the defendant; (2) denied the defendant’s request to speak with his friend at the nearby grocery store; and (3) prolonged the detention on the basis of a subjective motive to investigate other matters. [read post]
10 Nov 2009, 3:40 am
Therefore, even though the taking of a sample may not be unreasonably intrusive, the search of the sample is quite intrusive, severely affecting Mitchell's expectation of privacy in his most intimate matters. . . . [read post]
23 Jan 2010, 10:07 pm
Taxacher, 902 F.2d 867, 872 (11th Cir. 1990) (explaining that officer's consultation "with the local district attorney before seeking the search warrant, and then submit[ting] the matter to a neutral magistrate" was "indicative of objective good faith"). [read post]
9 Jan 2007, 9:32 am
The old saying is that; it’s not if you are going to go down, it’s a matter of when. [read post]
18 Jul 2010, 9:02 pm
Accordingly, we conclude that the ten- to twelve-second period of silence which followed the knock and announce in the present matter cannot be measured in the same context as was the period of silence which followed the knock and announce in Hand and Johnson. [read post]
8 Jan 2010, 10:54 pm
Salazar, 945 F.2d 47, 50-51 (2d Cir. 1991) (stating that “a face-to-face informant must, as a general matter, be thought more reliable than an anonymous telephone tipster, for the former runs the greater risk that he may be held accountable if his information proves false”). [read post]
12 Feb 2012, 9:29 pm
”); Upham, 168 F.3d at 535 (“As a practical matter, the seizure and subsequent off-premises search of the computer ... was about the narrowest definable search and seizure reasonably likely to obtain the images [of the child pornography sought]. [read post]
7 Oct 2008, 1:38 pm
Although a trespass action is a permissible cause of action, summary judgment was properly granted in this case because, as a matter of law, on the evidence submitted, the officers did not exceed the scope of their privilege to be on the property to execute the search warrant. [read post]
19 May 2009, 5:02 am
There is no indication from the record that would allow a reasonable person to conclude that Appellant intended to shape the confines of his forthcoming consent by the subject matter of the conversation between him and Thornhill in the moments preceding Appellant's relinquishment of his cellular telephone to Thornhill. [read post]
11 Dec 2009, 5:40 am
At that point, an officer's permissible conduct is limited: "As a matter of courtesy, the officer could explain to drivers in [these] circumstances the reason for the initial detention and then allow them to continue on their way without asking them to produce their driver's license and registration. [read post]
18 May 2011, 6:05 am
Accordingly, the undersigned views this issue as a matter of Defendant’s failure to carry his burden of establishing a legitimate expectation of privacy in the particular areas searched. [read post]
14 Nov 2011, 9:02 pm
In a way, though, this seems unnecessary: Under the misguided Supreme Court decisions that established our modern “third party doctrine,” contractual promises of privacy don’t matter. [read post]
31 Mar 2009, 6:08 am
However, defense counsel did not challenge the search, but it would have failed as a matter of law because defendant, as a passenger in the car, could be detained with it, and he was asked to remain with the car, and then a gun was found abandoned near the car. [read post]
13 Aug 2011, 7:43 am
Because of the sanctity of the right to counsel, we need not engage in an analysis as to what transpired in the case during counsel's absence and whether the evidence received, or matters discussed with the court, were material to the defense. [read post]
