The reasonable suspicion standard applies only to searches of parolees or probationers conducted by parole and probation agents
Search of Probationer’s Cell Phone Upheld
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Category: Search and Seizure
Officers Improperly Arrested Men for Failure to Provide Identification
Every case holds several “could have, should have, would have” lessons
Requiring Passenger to Provide Identification Was Lawful
Officers are always free to attempt voluntary conversations with passengers
Heavy Fanny Pack, Oddly Carried, Justified Frisk
A “determination that reasonable suspicion exists need not rule out the possibility of innocent conduct”
Heavy Load in Pocket (and Other Factors) Did Not Justify Frisk
A dissenting judge quipped that reasonable suspicion is a “low hump” to get over
Who Controls the Rental Car?
Montalvo-Flores had a subjective expectation of privacy in the rental car
Knock, Knock—Don’t Come In!
The court held the officers “had no reasonable basis to believe that Reed posed a threat to safety”
Sticks and Stones May Break One’s Bones (and Constitute Assault), But Words? Not So Much
Court: “We first hold that Bailey’s Facebook post is constitutionally protected speech”
Conclusory Affidavit Fatal to Important Prosecution
What might have avoided suppression?
Consent by the Numbers
“It is hard to imagine a clearer instance of consent through words and actions”
Promises, Promises
“A police officer is not entitled to arbitrarily breach these agreements.”
Officers Conducted Valid Terry Stop Even Though Guns Were Drawn
“The officers’ actions did not convert the valid Terry stop into an arrest”