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Pennsylvania Supreme Court (Opinion Announcing the Judgment of the Court): No Reasonable Expectation of Privacy in Unprotected Google Searches by David Kim by David Kim In an issue of first impression, the Opinion Announcing the Judgment of the Court (“OAJC”) concluded that a person who conducts general, unprotected internet searches …
Massachusetts Supreme Judicial Court Announces Duration of GPS Monitoring Must Be Considered in Individualized Reasonableness Determination and Resulting Monitoring Period May Be Shorter Than Probationary Term by David Kim by David Kim The Supreme Judicial Court of Massachusetts held that the reasonableness of global positioning system (“GPS”) monitoring as a …
New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of New Jersey held that the automobile exception to the warrant requirement …
Massachusetts Supreme Judicial Court Announces Police Cannot Execute Anticipatory Warrant Absent Triggering Event Regardless of Whether Factual Allegations in Warrant Affidavit Independently Give Rise to Probable Cause to Search, Thereby Providing Greater by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that “art. 14 of the …
Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment by Jeffrey Cohen The Supreme Court of Illinois reversed the Appellate Court’s denial of the defendant’s suppression motion, holding that contraband discovered by police inside …
$3.76 Million Awarded to Denver Grandmother for SWAT Raid of Home Based on Inaccurate iPhone Ping by Jo Ellen Nott by Jo Ellen Nott A Colorado jury awarded a 78-year-old woman, Ruby Johnson, $3.76 million in damages on March 1, 2024, after a SWAT team raided her home based on …
Article • May 15, 2024 • from CLN May, 2024
California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning by Jo Ellen Nott by Jo Ellen Knott On January 1, 2024, Assembly Bill 2773 took effect in California. The law requires police officers to tell drivers why they have been pulled over before questioning them on …
Article • September 15, 2020 • from CLN October, 2020
Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that law enforcement officers violated the Fourth Amendment in executing an administrative warrant at a private …
Alderete v. City of Albuquerque, NM, Complaint, Illegal Search and Seizure, 2017 FILED IN MY OFFICE DISTRICT COURT CLERK 2/24/2017 3:51:23 PM James A. Noel Catherine Chavez SECOND JUDICIAL DISTRICT COUNTY OF BERNALILLO STATE OF NEW MEXICO ROBERT ALDERETE, Plaintiff, vs. CASE NO: D-202-CV-2017-01320 CITY OF ALBUQUERQUE, OFFICER IGNAS DANIUS, …
Lundstrom v. Albuquerque Police Officers, NM, Satisfaction of Judgement, Illegal Search and Seizure, 2012 Case 1:07-cv-00759-JCH-WDS Document 225 Filed 07/05/12 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOSEPH LUNDSTROM and JANE HIBNER, Plaintiffs, vs. CASE NO: 07-00759 JCH/WDS ALBUQUERQUE POLICE OFFICERS …
Lundstrom v. Albuquerque Police Officers, NM, Amended Complaint, Illegal Search and Seizure, 2008 Case 1:07-cv-00759-JCH-WDS Document 58 Filed 03/04/2008 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOSEPH LUNDSTROM and JANE HIBNER Plaintiffs, vs. CASE NO: 07-00759 JH/WDS ALBUQUERQUE POLICE OFFICERS DEBRA …