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09-11328 Davis. v. U.S.
Search and Seizure Exclusionary rule; good faith exception Searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule. The exclusionary rule’s sole purpose is to deter future Fourth Amendment violations, e.g., Herring v. United States, 555 U. S. 135, 141, and its operation is limited to situations in […]
2010AP1228-CR State v. Lathan
Search and Seizure Warrantless entry; consent The consent of one occupant to enter overrides the refusal of another occupant, when neither are the subject of the search or arrest. “Randolph acknowledged that ‘Fourth Amendment rights [with regard to third-party consent] are not limited by the law of property,’ but rather, rested on ‘“mutual use,”’ id. […]
09-2184 U.S. v. Hicks
Search and Seizure Consent; pretextual threats Where the lead investigator took active steps to obtain a warrant prior to entering a home with the owner’s consent, the threat to the owner that he would get a warrant if consent was denied was not pretextual. “Although the district court only mentioned it in passing, we note […]
10-2904 U.S. v. Richmond
Search and Seizure Pat-down searches; reasonable suspicion Where a suspect had a bulge above his waistband consistent with a revolver handle, the officer has reasonable suspicion to conduct a pat-down search. “Officer Linthicum observed a conspicuous bulge above Richmond’s waistband that was consistent with a revolver handle; both the shape and location of the bulge […]
2010AP1499-CR State v. Nowak
Search and Seizure Warrantless entry; hot pursuit Jenny Nowak appeals her convictions for failing to stop and resisting an officer. Nowak asserts her convictions must be dismissed because the officer unlawfully entered her garage without a warrant; the circuit court erred by rejecting her proposed jury instruction and by failing to instruct the jury on […]
2010AP1712-CR State v. Matthews
Search and Seizure Stop and detention Police officers may stop and question a person wearing a ski mask and hoodie they see late at night in a high-crime area near a woman who was walking away from the hooded and masked person and who appeared to be frightened. “That is what we have here: (1) […]
09-1272 Kentucky v. King
Search and Seizure Police-created exigent circumstances A warrantless entry based on exigent circumstances is reasonable when the police did not create the exigency by engaging or threatening to engage in conduct violating the Fourth Amendment. Assuming an exigency did exist, the officers’ conduct—banging on the door and announcing their presence—was entirely consistent with the Fourth [&hel[...]
GPS tracking is not a search
A divided three-judge panel of the 7th Circuit recently held that it did not violate the Fourth Amendment for police to place a GPS tracking device on a car, and monitor it all the way from Arizona to Illinois.
10-1612 U.S. v. Norris
Search and Seizure Search warrants; execution Use of a taser does not render execution of a search warrant unreasonable. “Officer Young’s actions were reasonable. Mr. Norris not only exhibited behavior consistent with an intent to discard evidence, he also engaged in actions that suggested he was reaching for a weapon. At this point, Officer Young […]
10-1473 U.S. v. Cuevas-Perez
Search and Seizure GPS tracking devices It does not violate the Fourth Amendment for police officers to place a GPS tracking device on a suspect’s car. “The aspects of the search in Maynard that affected the court’s decision are absent here. The 28-day surveillance in Maynard was much lengthier than the 60-hour surveillance in the […]
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- Biden lauds new Microsoft center on the same site where Trump’s Foxconn project failed
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