Question Presented (from Cert Petition): Whether the Florida Supreme Court has decided an important federal question in a way that conflicts with the established Fourth Amendment precedent of this Court by holding that an alert by a well-trained narcotics detection dog certified to detect illegal contraband is insufficient to establish probable cause for the search… Read more
H. Exclusionary rule
Question Presented: Whether a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause? Scotusblog Page Florida supreme court decision, State v. Jardines (4/14/11) Coverage by Lyle Denniston, Orin Kerr (“fun stuff for Fourth Amendment nerds”), Kent Scheidegger (“This is solid police… Read more
State v. Michael P. Parizanski, 2011AP395, District 2, 11/30/11 court of appeals decision (1-judge, not for publication); for Parizanski: Andrew Mishlove; case activity Seizure of motorist who had parked by the side of a road, leading to an OWI arrest, was supported by community caretaker rationale as informed by State v. Kramer, 2009 WI 14, 315 Wis… Read more
State v. Jamie L. Salonen, 2011 WI App 157 (recommended for publication); for Salonen: Robert J. Wells, Jr.; case activity ¶1 The trial court in this case granted Jamie L. Salonen’s motion to suppress evidence obtained after she asked to leave the scene of a roadside stop of a vehicle in which… Read more
State v. Ricky O. Halverson, 2011AP240-CR, District 2, 9/14/11 court of appeals decision (1-judge, not for publication); for Halverson: Walter R. Andrew; case activity Officer, whose investigation of single-car crash led him to Halverson’s home, wasn’t properly engaged in community caretaker exercise when he took Halverson into custody, supposedly for his own good, ¶¶8-14. Community caretaker test, State… Read more
State v. Steven A. Avery, 2011 WI App 124 (recommended for publication); for Avery: Martha K. Askins, Suzanne L. Hagopian, SPD, Madison Appellate; case activity Search Warrant – Execution – Reasonableness Warrant-based search of Avery’s property was a reasonable continuation of the original search 3 days earlier. General statement: ¶18 Generally, searches are subject to the… Read more
Docket Decision below: Millender v. County of Los Angeles, 620 F. 3d 1016 (9th Cir 2010). reversing panel decision, 564 F.3d 1143 Questions Presented (from Petition): This Court has held that police officers who procure and execute warrants later determined invalid are entitled to qualified immunity, and evidence obtained should not be suppressed, so long… Read more
Willie Gene Davis v. U.S., USSC No. 09-11328, 6/16/11 … The question here is whether to apply this sanction when the police conduct a search in compliance with binding precedent that is later overruled. Because suppression would do nothing to deter police misconduct in these circumstances, and because it would come at a high cost to… Read more
