What carried the day was Detective Bain’s thoughtful and deliberate approach to the investigation
Girlfriend’s Consent to Search of “Man Bag” Leads to Charges
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Category: Search and Seizure
Raise Your Hand(s) if You’d Like to Be Frisked
The court noted that Kennedy willingly lifted his arms to facilitate Officer Frye’s frisk
TASER Deployment After “Surrender” Garners Qualified Immunity for Deputy
In recent rulings, the Supreme Court has repeatedly and harshly corrected lower courts’ misapplication of the standard for qualified immunity
Third Frisk of Underwear Finally Revealed the Gun
The appellate court upheld all three frisks
Yahoo and Facebook Reports of Sex Crimes Were Not “Government” Acts
Reaction from privacy pundits was swift
Traffic Stop Extended, but Detention Was Lawful
The officers collectively had reasonable suspicion to continue lawfully detaining Whitley
Text Messages, Vehicle Search Result in Conviction for Sexual Predator
It was reasonable for officers to believe they would find the evidence in his car
Ex-Fiancé and Ex-Wife Talk; Trouble Follows
The appellate court was free to follow its own directly controlling precedent on the private search doctrine
Explicit Statements Lead to a Finding of No Custody and No Need for Miranda Warnings
At the end of the day, the investigators followed the mantra, “Talk nice, think mean”
Suspended License Justifies Expansion of Traffic Stop Investigation
The court held that the trooper had reasonable suspicion to expand the investigation beyond the initial concern
Protracted Efforts to Locate a Detector Dog Team Spoiled the Stop
Could the trooper have conducted the stop in some other way that might have allowed for a lawful detector dog sniff?
“Poor Multitasking” Leads to 15-Minute Registration Stop
A concurring judge expressed great skepticism at the length of the stop