State v. Frazier (Lawyers Weekly No. 011-057-11, 6 pp.) (James E. Lockemy, J.) Appealed from Lancaster County Circuit Court. (Paul M. Burch, J.) S.C. App. Click here for the full text of the opinion. Holding: Where defendant matched the description ...

Tagged with: Criminal Practice Probable Cause Search & Seizure

State v. Corley. (Lawyers Weekly No. 010-057-11, 2 pp.) (John W. Kittredge, J.) Appealed from Greenwood County Circuit Court. (J. C. Nicholson Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Click here for the ...

Tagged with: Criminal Practice Reasonable Suspicion Search & Seizure Traffic Stop

U.S. v. Foster. (Lawyers Weekly No. 001-064-11, 10 pp.) (Gregory, J.) No. 09-5161, March 2, 2011; USDC at Raleigh, N.C. (Boyle, J.) 4th Cir. Click here for the full text of the opinion. Holding: An officer who emerged from a ...

Tagged with: Criminal Practice Search & Seizure

State v. Wright. Evidence discovered without a warrant is admissible under the plain-view doctrine if (1) the initial intrusion which afforded police the plain view was lawful and (2) the incriminating nature . . .

Tagged with: Clarendon County Criminal Practice Search & Seizure Unnecessary

U.S. v. Clenney. (Lawyers Weekly No. 001-031-11, 16 pp.) (Wilkinson, J.) No. 09-5114, Feb. 3, 2011; USDC at Alexandria, Va. (Ellis, J.) 4th Cir. Click here for the full text of the opinion. Holding: A defendant cannot suppress the firearm ...

Tagged with: Criminal Practice Extortion Search & Seizure

Witt v. West Virginia State Police Troop 2. (Lawyers Weekly No. 001-030-11, 9 pp.) (Motz, J.) No. 10-1008, Feb. 4, 2011; USDC at Martinsburg, W.Va. (Bailey, J.) 4th Cir. Click here for the full text of the opinion. Holding: Although ...

Tagged with: Civil Rights Search & Seizure

State v. Provet (Lawyers Weekly No. 011-013-11, 8 pp.) (H. Bruce Williams, J.) Appealed from Greenville County Circuit Court. (Carmen T. Mullen, J.) S.C. App. Click here to read the full text of the opinion. Holding: Even if the police ...

Tagged with: Criminal Practice Greenville County Search & Seizure

U.S. v. Allen. (Lawyers Weekly No. 001-019-11, 16 pp.) (King, J.) No. 10-4012, Jan. 21, 2011; USDC at Baltimore (Motz, J.) 4th Cir. Click here for the full text of the opinion. Holding: Although one detective’s affidavit said a post-shooting ...

Tagged with: Criminal Practice Gun Search & Seizure

Bellotte v. Edwards (Lawyers Weekly No. 001-009-11, 30 pp.) (Wilkinson, J.) No. 10-1115, Jan. 11, 2011; USDC at Martinsburg, W.Va. (Bailey, J.) 4th Cir. Click here for the full text of the opinion. Holding: Members of three Special Operations Team ...

Tagged with: Civil Rights Search & Seizure

U.S. v. Hampton. A passenger who was ordered out of a car after a valid traffic stop could not suppress the revolver seized from his pants pocket after he assaulted a deputy, and the 4th Circuit upholds the passenger's conviction for possession of a . . .

Tagged with: Criminal Practice Search & Seizure Traffic Stop