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Tag Archives: Search and Seizure

Appeals court reverses drug-sniffing dog decision

When Mequon patrol officer John Hoell returned Kenneth House’s driver’s license and issued a warning for driving a car with expired registration, House’s roadside seizure should have stopped right then, according to the Wisconsin Court of Appeals in State of Wisconsin v. Kenneth C. House, 2012 AP 2414.

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Court limits border searches of electronic devices

A federal appeals court ruled Friday that Border Patrol agents must have reasonable suspicion of criminal activity before conducting comprehensive searches of laptops or other digital devices in what civil liberties activists are calling a significant victory for privacy rights.

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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 which this purpose is “thought ...

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2010AP694-CR State v. Cotton

Search and Seizure Reasonable expectation of privacy Keavin L. Cotton has appealed from a judgment convicting him upon a guilty plea of one count of possession of marijuana with intent to deliver as a second or subsequent offense in violation of Wis. Stat. §§ 961.41(1m)(h)1 and 961.48 (2009-10).[1] The sole issue on appeal is whether the trial court erred in ...

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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. at 110 (citation omitted), and ...

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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 that the magistrate judge appropriately ...

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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 contributed to Officer Linthicum’s concern ...

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