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12 Mar 2010, 7:21 am
The knock-and-announce rule serves important interests, and the search is suppressed. [read post]
The Huffmans argued not only the the State's regulation did not exclude naturopaths from signing the waiver, but that the invasive and possibly harmful test offended the Huffmans' freedom of religion and denied them the fundamental liberty interest in choosing the health care for their minor children.Retiring Alaska Supreme Court Justice Warren Matthews, writing for a unanimous court, states,We have already held that the Alaska Constitution protects as… [read post]
1 Jun 2007, 10:39 am
This is an interesting opinion, decided under the Fourth Amendment and the state constitution, leaving open SCOTUS review. [read post]
17 Sep 2007, 5:27 am
Here, the defendant's freedom from personal interference was outweighed by the government's interest in checking on his welfare. [read post]
23 Apr 2008, 2:23 pm
(c) The Court adheres to this approach because an arrest based on probable cause serves interests that justify seizure. [read post]
24 Jan 2010, 6:42 am
DA’s investigators had state immunity for planning for an procuring a search warrant that led to no charges being filed, even if they were acting maliciously. [read post]
5 May 2009, 5:51 am
[*P26] In sum, at the time the State conducted its suspicionless and warrantless search of Hutchinson in 2003, his privacy interests were at their nadir. [read post]
25 Dec 2009, 4:50 pm
The initial entry into the defendants' room and the discovery and seizure of the facsimile handgun and other weapons were actions reasonably undertaken by the police on behalf of the legitimate interests of their employer Boston College, a private institution and not a State actor. [read post]