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Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag
Loaded on Dec. 15, 2020
by Anthony Accurso
published in Criminal Legal News
January, 2021, page 15
Filed under:
Search and Seizure,
Searches - Inventory,
Fruit of the Poisonous Tree,
Suppression.
Location:
Nevada.
by Anthony Accurso
The Supreme Court of Nevada held that the district court properly suppressed evidence that resulted from an inventory search because police failed to properly inventory the defendant’s bag.
Kimberly Marie Nye was arrested after refusing to leave a casino in Elko County. She was secured in a ...
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More from this issue:
- The Infuriating History of Why Police Unions Have So Much Power, by Samantha Michaels
- Wrongly Convicted North Carolina Man Released After 44 Years in Prison, by Douglas Ankney
- Law Review Article: Plea Bargains Lack Transparency, by David Reutter
- Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable, by Douglas Ankney
- Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag, by Anthony Accurso
- Don’t Call the Cops. Especially if Your Loved Ones Are Old, Disabled or Have Special Needs, by John W. Whitehead
- Ninth Circuit Announces Panels of Court of Appeals May Fashion Remedy When District Court Commits Daubert Error, by Douglas Ankney
- Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Use of Pole Cameras for Extended Surveillance of Residence Constitutes Search Under State Law, by Douglas Ankney
- Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel, by Matthew Clarke
- Washington Supreme Court: Prosecutor’s War on Drugs Comments Denies Fair Trial, by David Reutter
- Massachusetts Supreme Judicial Court Vacates Guilty Plea Conditioned on Waiving Right to Pursue Claim Racial Bias Infected Jury Deliberations, by David Reutter
- Tenth Circuit: District Court’s Failure to Justify Special Condition Was Plain Error, by Dale Chappell
- Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional, by Douglas Ankney
- Denver 911 Calls Routed to Mental Health Professionals, by Jayson Hawkins
- Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony, by Anthony Accurso
- Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence, by David Reutter
- Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns, by Dale Chappell
- Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief, by Dale Chappell
- Third Circuit: No Categorical Ban on Reliability of Recantations as New Evidence, by Dale Chappell
- Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable, by Douglas Ankney
- First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy, by Matthew Clarke
- Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act, by David Reutter
- 7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity, by Anthony Accurso
- Illinois Law Firm Offers Web Application to Help Automate Expungement, by Douglas Ankney
- Sixth Circuit: Probation Officer’s Warrantless Search of Probationer’s Cellphone Violated Fourth Amendment, by Douglas Ankney
- New Mexico Supreme Court Clarifies Meaning of Key Terms in Aggravated Fleeing From Law Enforcement Statute, by Anthony Accurso
- New York Court of Appeals Clarifies When Police May Conduct Traffic Stops, by Douglas Ankney
- Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal, by Dale Chappell
- Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation, by Douglas Ankney
- In New York, Former Prisoners With Mental Illnesses Lack Needed Support, by Casey Bastian
- Lawsuit Challenges DEA Cash Seizures, by Jayson Hawkins
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- First Step Act Relief Shows Modest Results, by Dale Chappell
- They’re Not Secret Police, Just Police, by Anthony Accurso
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- Georgia Supreme Court Affirms Right to Resist Unlawful Arrest and Announces Right Includes Use of Proportionate Force Against Government Property, by Douglas Ankney
- A New Style of Crime Documentary, by Jayson Hawkins
- Report: Judicial System Gives Cops a Pass in New Jersey, Elsewhere, by Michael Fortino, Ph.D
- Startup Surveils Communities of Color for Police Using Twitter, by Anthony Accurso
- Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup, by Matthew Clarke
- Effective Crisis Management Without Police, by Jayson Hawkins
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- Hip-Hop Police Bust Careers, Not Crime, by Kevin Bliss
- News in Brief
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More from Anthony Accurso:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
- Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024
More from these topics:
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025. Overdetention, Search and Seizure, Pending Appeal/Sentencing, Dismissal.
- Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home, Feb. 1, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Searches - Home/Curtilage, Suppression.
- California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed, Aug. 15, 2024. Vehicle Searches, Consensual Encounters, Suppression, Miranda.
- North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle, March 15, 2024. Automobile Exception, Searches - Inventory, Automobile Searches/Seizures, Immediate Control, Searches - Automobile, Arrest - Search Incident to, Illegal Search.
- Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment, Feb. 15, 2024. Searches - Inventory, Searches - Automobile, Pretextual Stops.
- Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle, Dec. 15, 2023. Search and Seizure, Searches - Automobile, Seizure, Freedom of Movement, Traffic Stops.
- Connecticut Lawmakers Punt on Limiting Prison Strip Searches, Nov. 15, 2023. Strip Searches, Body Cavity Searches, Pat Searches, Search and Seizure.
- Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina, Nov. 15, 2023. Gender Discrimination -- Men, Medical, Fifth Amendment, Search and Seizure, Civil Rights Actions or Offenses/Bivens Actions.
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023. Frisks after an initial stop, Reasonable Suspicion, Suppression.
- Sixth Circuit Suppresses Evidence Obtained as a Result of Warrant That Lacked Probable Cause of Criminal Activity in Arson Investigation, Sept. 1, 2023. Probable Cause, Suppression.