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Tag Archives: Search & Seizure

Criminal Practice – Evidence – Prior Bad Acts – Search & Seizure – Traffic Stop (access required)

U.S. v. McBride Police had a reasonable articulable suspicion to detain defendant’s truck after a traffic stop, based on an experienced officer’s observations of defendant’s contacts with others at the site of a club known for drug activity, but the trial court erred reversibly in admitting prior “bad act” evidence, the 4th Circuit says.

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Criminal Practice – Search & Seizure – Tracking Device – No Warrant – Traffic Violation – Intervening Criminal Acts (access required)

State v. Adams Even though the police violated defendant’s Fourth Amendment rights by placing a tracking device on his car without a warrant, since defendant committed traffic violations (changing lanes without signaling), he was stopped for intervening criminal acts sufficient to cure the taint arising from the unlawful installation of the device and monitoring of the vehicle. We affirm the trial court’s denial of defendant’s motion to suppress the fruits of the search of his person during the traffic stop.

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Civil Rights – Constitutional — Search & Seizure – Probable Cause — Refusal of Consent – Eleventh Amendment Immunity (access required)

White v. Boone A reasonable officer would have known that plaintiff’s refusal to consent to a search did not give the officer probable cause for a search warrant. Defendants’ motion for summary judgment is granted as to defendant Boone in his individual and official capacities, granted as to defendant Cox in his official capacity, and denied as to defendant Cox on his individual capacity.

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Criminal Practice – Search & Seizure – Search Warrant – Defendant’s DNA – Exclusionary Rule – Inevitable Discovery Doctrine (access required)

State v. Jenkins The affidavit that was offered in support of the warrant to obtain samples of defendant’s DNA (1) does not show why the police believed defendant committed the crime, (2) contains no indication as to where the detective obtained the information set out in the affidavit, and (3) does not assert that the information or its source is reliable. Therefore, the police did not provide the magistrate a substantial basis on which to find probable cause to believe defendant committed the crime.

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Criminal – Search & Seizure – Warrant Justification – Marijuana Growers – Informants — High Electricity Use – Thermal-Imaging Search (access required)

U.S. v. Henry Although identified sources could only say a married couple had grown large amounts of marijuana on their property in the past and one source had purchased marijuana from wife at some unidentified earlier time, police confirmed additional details in the affidavit, such as the couple’s high use of electricity, and the 4th Circuit upholds a thermal-imaging search that led to the seizure of marijuana on the couple’s West Virginia property.

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Criminal Practice – Search & Seizure – Traffic Stop – Search Incident to Arrest – Fourth Amendment Violation – Pre-Gant – No Exclusion – PCR Waiver (access required)

Narciso v. State Even though the search of defendant’s car incident to his arrest for driving without a license violated his rights under the Fourth Amendment, the search took place prior to the U.S. Supreme Court’s decision in Arizona v. Gant, 556 U.S. 332 (2009).

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Criminal Practice – Search & Seizure – Traffic Stop – Vehicle Search — Consent (access required)

U.S. v. Ortiz The 4th Circuit offers a refresher course in assessing “probable cause” and reverses a district court order suppressing drugs found in a secret compartment of defendant’s car because the district court applied the wrong standards for determining whether police had defendant’s consent to search the vehicle and whether there was probable cause to search it.

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Civil Rights – Constitutional – Search & Seizure – Traffic Stop – Strip Search – Tort/Negligence (access required)

Lemon v. Sheriff of Sumter County Plaintiff has failed to show that defendants transgressed a “bright line” constitutional right when they relied on a confidential informant’s tip and stopped plaintiff’s car. However, the parties dispute whether the defendant-deputies conducted a public strip search of plaintiff.

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Criminal Practice – Search & Seizure – Pat-Down – Expectation of Privacy – Front Porch – Drug Deals Observed — Gun in Pocket – Smell of Marijuana (access required)

State v. Robinson Although defendant was sitting on an apartment porch when police tried to search him, since he did not live in the apartment or even in the apartment complex, and since there is no evidence he was an overnight guest or had a connection to the premises or the apartment tenant, defendant failed to show he had a reasonable expectation of privacy on the porch.

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