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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 […]
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 […]
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 […]
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