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Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful

Loaded on Dec. 15, 2021 by Anthony Accurso published in Criminal Legal News January, 2022, page 38
Filed under: Warrantless Searches. Location: Iowa.

by Anthony W. Accurso

The Supreme Court of Iowa ordered the suppression of evidence in a criminal case while announcing that the Iowa Constitution prohibits law enforcement from taking a homeowner’s opaque garbage bags left curbside for collection and searching through the trash contained within without a warrant.

Officer Brandon ...

 

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  1. How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts, by Dale Chappell
  2. “If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records, by Richard Webster
  3. Brooklyn DA Releases List of Untrustworthy Cops, by Anthony Accurso
  4. You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It, by Nisha Whitehead, John W. Whitehead
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  6. Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof, by Douglas Ankney
  7. The AEDPA: A Forgotten Catalyst in Mass Incarceration, by Dale Chappell
  8. New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded, by Douglas Ankney
  9. Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It., by Aya Gruber
  10. Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible, by Matthew Clarke
  11. Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, by Douglas Ankney
  12. Rethinking the ‘Sex Offender’ Label, by Derek Logue
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  14. California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home, by Douglas Ankney
  15. California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes, by Douglas Ankney
  16. Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, by Douglas Ankney
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  20. California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’, by Dale Chappell
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