Category Archives: Fourth Amendment
Your Home is no longer your Castle
According to the Indiana Supreme Court in a 3-2 decision this week. Barnes v. State. From the dissent: The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof … Continue reading
Filed under Fourth Amendment
From Consent to Marijuana
When I wrote last week’s post about how the evidence in drug cases has evolved from dropsy to consent, I had already decided what to write about this week. I planned on writing what I thought was the next step … Continue reading
Filed under Fourth Amendment
From dropsy to consent
Are police officers lying at suppression hearings? That question was raised last week by the Florida Court of Appeals in Ruiz v. State. I think every criminal defense lawyer should read that opinion. In fact, I hope that everyone involved … Continue reading
Filed under Fourth Amendment
Is there a perjury routine at suppression hearings?
An appellate court case out of Florida came pretty damn close to getting it right last week. It read like a home run for the defendant and for citizens everywhere, but by the time all was said and done, it … Continue reading
Filed under Fourth Amendment, Motions
Another Traffic Stop, Another Consent to Search, Another Reversal
An Arkansas Trooper pulled Lesa Menne over for speeding. After asking her for her driver’s license information, the trooper returned to his car and called for a drug dog. He wrote her a warning ticket. But before he handed it … Continue reading
Filed under Fourth Amendment
Justice? An Illegal Search – Part 1
Below is a picture of Justice, the drug dog, and his handler as they work their way around a car. A police officer previously radioed the handler and asked him to come to the scene of a traffic stop. He … Continue reading
Filed under Fourth Amendment
