Cell phone searches require careful attention to specify probable cause for each type of information stored on the phone
Suppression Follows Weak Affidavits
read more
Child Pornography Landed Lawfully in Police Hands
That he intended to help law enforcement was laudable, but it didn’t transform him into a government agent
Inventory Policy Violation Leads to Suppression of Gun
The gun wasn’t immediately evident as contraband
Give Yourself and Your Loved Ones a Gift this Holiday
Make your own personal commitment to help reduce line-of-duty deaths to fewer than 100 in 2021
Opening Car Door Invalidates Stop and Leads to Suppression
Would the officer have discovered the evidence in the ordinary course of the traffic stop?
Driver Held to a Higher Level of Accountability for Constructive Possession of Hidden Gun
A person with constructive possession of a firearm must have knowledge of it and the ability to control it
Cell Phone Search by Probation Officer Ruled Invalid
No matter how hyper-technical the distinction may appear, it was significant to the court
Court Sees Video Through Different Eyes and Reverses Grant of Summary Judgement
The appellate court stated the trial court offered “one fair interpretation of the video”
Reasonable Response, Even if Not Perfect, Entitles Officers to Judgement
The court held the officers did not use excessive force
Preventable False Arrest Defeats Qualified Immunity
“This is an obvious case of insufficient probable cause.”
Body Cavity Search Ruled Reasonable Based on Confidential Informant Credibility
The suspect claimed there was no probable cause for the search warrant
Clothing Description Close Enough — Frisk Upheld
Considering the totality of the circumstances both the detention and the frisk were reasonable