Category: search and seizure

  • Humpty Dumpty Hervey: Standard Written English = “Hyper-technical”

    This was the only reference to time in the search-warrant affidavit: In the past 72 hours, a confidential informant advised the Affiant that Chris was seen in possession of a large amount of methamphetamine at his residence and business. The trial court and the Amarillo Court of Appeals held that the warrant was invalid because […]

  • Partisan and Interested Magistrates?

    In regard to the search of a place, the United States Supreme Court has consistently favored the issuance of a warrant by a neutral and detached judicial officer as a more reliable safeguard against improper searches. See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 326, 99 S.Ct. 2319, 2324, 60 L.Ed.2d 920 (1979). […]

  • Boucher Revisited

    If I read The Volokh Conspiracy, I would’ve seen and (again) blogged about this back in February: U.S. District Judge William K. Sessions III in Burlington handed down an opinion sort-of-reversing Magistrate Judge Jerome J. Niedermeier’s order quashing a grand jury subpoena for: all documents, whether in electronic or paper form, reflecting any passwords used […]

  • Arizona v. Gant

    Texas narcotics cops get an anonymous tip that someone is carrying drugs in his car. They call a cop in a marked unit to follow him. The uniformed cop watches for a traffic violation (changing lanes without signaling is popular). The uniformed cop stops the suspect, arrests him for the traffic violation, cuffs and stuffs […]

  • Virginia v. Moore in Texas

    In Virginia v. Moore the Supreme Court held that evidence is admissible under the Fourth Amendment even though obtained in a search incident to an unlawful arrest that was on probable cause. In other words, if the state makes something a non-arrestable crime (in Virginia, driving with a suspended license) and the police break state […]