Articles by Topic or Issue

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The Categories below are in Alphabetical Order for your convenience.

4th Amendment / Search & Seizure / Evidence

Search

1. Does Consent to Search a Vehicle Mean Just One Search?

2. Do Warrants Eventually Expire If Police Do Not Arrest You?

3. Must Police Always Knock and Announce Before a Home Search?

4. A Warrantless Search Can Expand from Your Friend to You

5. What Is a Protective Sweep by Police? When Is It Improper?

6. What Are the Limits of a Warrantless “Protective Sweep”?

7. Do Police Need a Warrant to Search Your Cell Phone?

8. How Long Is Too Long for a Warrantless Cell Phone Search?

9. Can Police Look at My Text Messages If I Am Arrested?

10. Warning: Your Cell Phone May Support More Serious Charges

11. Is a Police Sniff Dog That Makes Mistake Still Reliable?

12. Warrantless Search of FedEx Package Improper; Case Dismissed

13. Searching a Car with a Warrant - OK If Person Detained?

14. Faulty Warrant Affidavit Does Not Always Invalidate Search

15. Evidence Excluded for Police Using GPS without a Warrant

16. Is a Warrantless Search OK When Strong Smell of Marijuana?

17. Does Admitting to Having Marijuana Make a Search Legal?

18. Drug Dog's Incorrect Signal Can Give Police Probable Cause

19. Probation Condition Authorizing Warrantless Searches Upheld

20. Warrantless Use of Police Dog on Front Porch Improper

21. Drug Trafficker Shows Faulty Search Warrant Affidavit

22. Fourth Amendment Violation If Guest Lets DEA Agents in?

23. Illegal for Police to Use Doctor to Get Drugs from Rectum?

24. Is a Smell of Pot Enough to Search Someone for Weapons?

25. Bedroom Search Based on Misinformation: Evidence Suppressed?

26. Juvenile Probation & Electronics Search Conditions – Legal?

27. The Fruit of a Poisonous Tree Doctrine Applies to Admissions

28. May a Homeowner Consent to Probation Search of a Guestroom?
29. Cop Finds Meth in Car During I.D. Search: Meth Suppressed?
30. Can a Suspect Prevent an Inventory Search by Locking a Car?
31. What Is the Law on Challenging the Search of a Vehicle?
32. What Is the Automobile Exception to the Warrant Requirement?
33. Under Mandatory Supervision, Are Suspicionless Searches OK?
34. Is a Search Incident to a Citation, Not an Arrest, Lawful?
35. What Are Examples of a Legitimate Expectation of Privacy?
36. What Is Traversing a Warrant (a Franks Motion)?
37. What Is the Community Caretaker Exception to a Warrant?
38. Is It Legal for Police to Search a Car with No Warrant?
39. Motion to Suppress Granted When No Articulable Suspicion
40. When Is a Police Pat-Down Search Valid – Bulges in Pockets?
41. What Is an Inventory Search? When Is It Allowed?
42. Suppressing Evidence with No Expectation of Privacy?
43. Warrantless Placement of GPS Tracker on Parolee’s Car - OK?
44. Beware of Who You “Friend” on Social Media – It May Be a Cop
45. Motion to Suppress After Police Detention for DUI?
46. What Is the Community Caretaking Warrant Exception?
47. Stop and Frisk Improper When Anonymous Tip Involves Gun
48. When May Police Search a Cellphone in an Inventory Search?
49. Invalid Inventory Search of Car Vacates Conviction.
50. Does Inventory Search Allow Removal of Car Dashboard?
51. Traffic Stop OK if Registered Owner’s License Revoked?
52. Can Cop Opening Car Door Be an Unconstitutional Search?
53. After Prop 64, Marijuana & Probable Cause to Search Vehicle
54. Probation Search: May Police Search Under Car Seat?
55. Is a Warrantless Search OK Based on Smell of Smoke?
56. If Misdemeanor Suspect Flees, Warrantless Home Search OK?
57. Private Search Exception for Google Search Program?
58. Odor of Burnt Pot Probable Cause to Search, Warrant?
59. Is Detention Prolonged if Police Run Background Check?
60. Convicted Based on Illegal Search? Sue the Police?
61. Fourth Amendment Claim by E-Scooter Rider Fails
62. Motion to Suppress Granted on Pretextual Traffic Stop
63. Is Tire Chalking by Police an Illegal Search?
64. Is Search of Locked Glove Compartment Reasonable?
65. Warrantless Vehicle Search if Smell of Pot, Minors?
66. Inventory Search Illegally Parked Car Private Property
67. If Cop Shines Spotlight on You, Are You Detained?
68. Stop-and-Frisk Violation by the LAPD in Getting Key
69. When a Prolonged Stop Is OK Per Fourth Amendment
    

Seizure

1. When Might a Warrantless Forced Blood Draw Be Legal?

2. Permissible to Take DNA from Accused of a Serious Crime?

3. Is It Proper to Require DNA Samples from Felony Arrestees?

(Seizure Articles Continued on Next Page)

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