Collect Call with Lawstache

In sum, under the most recent cases a seizure occurs only if: (1) a reasonable person would feel, under all the circumstances, he could not disregard the police inquiries and go about his business; (…

A Fourth Amendment seizure occurs "when physical force is used to restrain movement or when a person submits to an officer’s ‘show of authority.’ " United States v. Brodie , 742 F.3d 1058, 1061 (D.C.…

For purposes of the Fourth Amendment, a seizure occurs when a law enforcement officer, by means of physical force or show of authority, in some way restrains the liberty of a citizen. Florida v. Bost…

Kaupp was arrested within the meaning of the Fourth Amendment before the detectives began to question him. A seizure of the person within the meaning of the Fourth and Fourteenth Amendments occurs wh…

On Sunday December 15, 1985 at 3:30 p.m., Deputy Sheriff Hedrick was on routine patrol in a rural neighborhood. Deputy Hedrick observed Kerr by a car parked near a barn located on a residential prope…

Following the unexpected death of Defendant Walt Shrum’s common law wife at the couple’s home around 5:30 a.m. on March 11, 2015, police officers in Kingman, Kansas "secured" the home, prohibiting De…

1. Know Your Rights: Can Cops Inquire About Probation/Parole in Routine Traffic Stops? Driver Pat-Downs https://youtu.be/98LFwrhsMHE

2. Is it Legal for Police to Enter an Attached Garage Without a War…

The Supreme Court held in United States v. Jacobsen, 466 U.S. 109, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984), that a Fourth Amendment "`seizure' of property occurs when there is some meaningful interferen…

Local police suspected Billy Greenwood was dealing drugs from his residence. Because the police did not have enough evidence for a warrant to search his home, they searched the garbage bags Greenwood…

The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. But individual…

The Government obtained the civil forfeiture of a 1986 Dodge Ram Charger and $277,000 in U.S. currency found in this vehicle, pursuant to 21 U.S.C. § 881 (1988). Claimant Montes appeals on the ground…

"The Fourth Amendment is a vital safeguard of the right of the citizen to be free from unreasonable governmental intrusions into any area in which he has a reasonable expectation of privacy." Winston…

The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. Whether a sear…

Sandoval's expectation of privacy was also objectively reasonable. In LaDuke v. Nelson, 762 F.2d 1318, 1326 n. 11, 1332 n. 19 (9th Cir. 1985), we held that a person can have an objectively reasonable…

Gooch must have had both a subjective and an objectively reasonable expectation of privacy in the tent. Katz v. United States, 389 U.S. 347, 361, 88 S.Ct. 507, 516, 19 L.Ed.2d 576 (1967).

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Nowhere is the protective force of the fourth amendment more powerful than it is when the sanctity of the home is involved. The sanctity of a person's home, perhaps our last real retreat in this tech…

The United States appealed from orders of the United States District Court for the Western District of Washington, Donald S. Voorhees, J., granting defendants' suppression motions. The Court of Appea…

Mr. Luis Alfonso Leon was stopped by law enforcement after he was observed illegally driving in a passing lane. During the traffic stop, the officer began to suspect Mr. Leon was trafficking drugs. A…

The panel affirmed the district court’s denial of a motion to suppress evidence discovered following a traffic stop, and remanded for the district court to conform the written judgment to its oral pr…

Most drivers do not know that they have a right to deny consent,and troopers are more than happy to exploit their lack of knowledge of their legal rights. Even though the law requires that consent be…