Collect Call with Lawstache

Police stopped Robert Lidster at a checkpoint set up to find information about a recent hit-and-run accident. Lidster was arrested, and later convicted, for drunk driving. Lidster successfully appeal…

Homeland Security Investigations and Customs and Border Protection have credible information that an individual in the Baja California border region (the “Recruiter”) has placed help wanted advertise…

We review questions of probable cause de novo, but with "due weight to inferences drawn from [the] facts by resident judges and local law enforcement officers." Ornelas v. United States,517 U.S. 690,…

Upon this evidence, and knowing that the box was at the airport in the possession of DEA agents, the magistrate issued a warrant for a search of Hendrick's residence at N. Sidney. Although the warran…

The Ninth Circuit has repeatedly affirmed searches of homes of suspected drug dealers even where there is no direct evidence linking the homes to illegal activity, because the presence of evidence in…

The general rule in the Ninth Circuit concerning knock and talk encounters is:

Absent express orders from the person in possession against any possible trespass, there is no rule of private or public …

It is well established that, even when officers have probable cause to believe that contraband is present in a home, a warrantless search of the home is unlawful unless exigent circumstances exist at…

The purpose behind the decision to impound is crucial because of the reason for condoning inventory searches of impounded cars. "In the interests  of public safety and as part of what the Court has c…

Petitioner city operates vehicle checkpoints on its roads in an effort to interdict unlawful drugs. 

The District Court denied respondents a preliminary injunction, but the Seventh Circuit reversed, h…

Because the Fourth Amendment protects "people, not places," Katz v. United States, 389 U.S. 347, 351, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), Davis must first demonstrate that he personally had a "legit…

As a general matter, “police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supportedby articulable facts that criminal activity ‘may be afo…

As an exception to the warrant requirement of the Fourth Amendment to the United States Constitution, "police may, without a warrant, impound and search a motor vehicle so long as they do so in confo…

This court recognized the emergency exception to the Fourth Amendment's warrant requirement in United States v. Cervantes,219 F.3d 882, 889 (9th Cir. 2000). In Cervantes, this court held that the eme…

Around midday on December 7, 2004, three uniformed police officers entered the fenced-in backyard of a private home in a residential neighborhood of Portland. Guns drawn, but without a warrant, one s…

https://youtu.be/dKtN0rEI-rs

The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall…

The knock-and-talk exception permits police “to encroach upon the curtilage of a home, for the purpose of asking questions of the occupants.” United States v. Lundin, 817 F.3d 1158,1158 (9th Cir. 201…

Around 4:00 a.m. on April 23, 2013, three northern California law enforcement officers approached Defendant Eric Lundin's home without either an arrest warrant or a search warrant. They came onto his…

On March 8, 2008, Fuentes reported a domestic disturbance at his residence. The officers searched the residence and found a Nagant bolt-action rifle, ammunition, methamphetamine, a glass pipe with me…

In New York, auditors discovered that the controversial gunshot-detection system ShotSpotter wasted officers’ time with false alerts, identifying gunshots correctly only 13% of the time. The city has…

Adrick Ruckes ("Ruckes") was convicted of being a felon in possession of a firearm and possessing cocaine base with the intent to distribute following a search of his automobile. He moved to suppress…