Aftermath of Arizona v Gant

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Aftermath of Arizona v Gant"

Transcription

1 Aftermath of Arizona v Gant Mark M. Neil Senior Attorney National Traffic Law Center National District Attorneys Association A Little History - Facts of Gant 99 Canal Center Plaza, Suite 330 Alexandria, VA Driver s license suspended Outstanding warrant for arrest Officers observed Gant drive by, park and then get out of car and shut the door Officers approach, meeting 10 to 12 feet from Gant s car Gant was then arrested and handcuffed Incident to arrest, officers search Gant s car finding a gun and a bag of cocaine in the pocket of a jacket on the backseat Points to remember: Search incident to arrest Defendant away from vehicle and secured Search not related to arrest offense HELD: Because Gant handcuffed and could not access interior of car to retrieve weapons or evidence at time of search, search incident to arrest exception did not justify the search Limiting vehicle searches? Seems contrary tothornton v United States and New York v Belton Gone is more open and generous license to law enforcement officers in their ability to search passenger compartment or containers simply because of arrest of occupant or recent occupant of vehicle Gant provides for two situations: conduct a vehicle search when an arrestee is within reaching distance of the vehicles it is reasonable to believe the vehicle contains evidence of the offense or warrant

2 What is within reaching distance? Gant was handcuffed and unable to access the interior of the vehicle Constructive Custody Where defendants were detained outside of the vehicle unrestrained, not formally arrested, handcuffed or secured and officers outnumbered detainees Court found officers could not reasonably believe they were within reaching distance of passenger compartment US v McCraney, 6 th Cir When is it reasonable to believe vehicle contains evidence of offense or warrant? Offense determines reasonableness What offenses usually associated with arrest out of a vehicle? DUI Drug Possession Firearms Possession Outstanding Warrant Will supply basis for searching

3 Simple Traffic Stop No reasonable basis to believe the vehicle contains relevant evidence of the crime of arrest, such as traffic violations Nature of the offense would preclude application of Gant Stoughton, Va L. Rev 97: Police lawfully searched vehicle after driver handed officer marijuana cigarette. Search was not result of traffic violation. Defendant s act of possession of marijuana inside vehicle established probable cause US v Conerly (E.D. Mich 2010) Reasonable Suspicion standard rather than Probable Cause The facts known to the police officer at the time of the search, coupled with his common sense, based on his experience, training and the totality of the circumstances People v Tavernier (Mich App., 2012) Other exceptions still apply Frisk for Weapons Probable Cause of Evidence of Crime Protective Sweep

4 Frisk for Weapons Permit officers to frisk vehicle s passenger compartment when reasonable suspicion that an individual, whether or not the arrestee, is dangerous and might access the vehicle to gain immediate control of weapons. Michigan v. Long, 463 U.S (1983) Narrowing of search incident to arrest did not affect the validity of Michigan v Long Officer is permitted to search vehicle when safety or evidentiary concerns demand When no arrest made, officer may search if reasonably believe suspect is dangerous and may gain immediate control of a weapon People v Washington, (Mich App 2010) Arrest is irrelevant Probable Cause of Evidence of Crime Probable cause to believe a vehicle contains evidence of criminal activity United States v Ross, 456 U.S. 798 (1982) Gant not modify standards regarding searches pursuant to automobile exception US v Steele, 5 th Cir 2009 If probable cause to believe a vehicle contains evidence of criminal activity, officer allowed to search for evidence relevant to offenses other than the offense of arrest and the scope of the search authorized is broader People v Howard (Mich App 2010)

5 Protective Sweep Safety or evidentiary interests justify a search Maryland v. Buie, 494 U.S. 325 (1990) The nature of the vehicle may control o Multi-passenger vans o Recreation vehicles o Motor homes o Buses Other Exceptions Consent Abandonment Plain View Inventory Sobriety Checkpoints Exigent Circumstances Consent Easiest of all exceptions to the search warrant requirement is the one of consent. So long as the defendant makes a knowing and intelligent waiver of his rights, the officer may search without a warrant. Schneckloth v. Bustamonte 412 U. S. 218 (1973) Knowing Intelligent Consent of driver Who? People v Gouch, (Mich. App., 2011)

6 Abandonment If vehicle has been abandoned, then privacy interests have also been abandoned and the officer is free to search the vehicle California v. Greenwald, 486 U.S. 35 (1988) Plain View So long as the officer is in a position in which he is lawfully entitled to be, anything plainly visible to him falls under this well-established exception. Coolidge v. New Hampshire, 403 U.S. 443 (1971) Trial court erred in concluding that search was unlawful even after lawfully observing presence of rifle in plain view inside vehicle Where probable cause to believe vehicle contains contraband, vehicle may be searched without warrant People v Jackson (Mich. App 2010) Paper bag found outside of car (not seen there immediately prior by officer) containing Oxycontin, Passenger deny ownership or knowledge of bag People v Gouch, (Mich. App., 2011) Inventory So long as the officer s department has a written policy providing for it, the officer may inventory the contents of a vehicle prior to it being impounded and towed for the purpose of safekeeping and avoiding claims of loss. South Dakota v. Opperman, 428 U.S. 364 (1976) Gant not apply to valid vehicle inventory US v Rollins, Not reported, ED Tenn State v Wotring, Ohio App 11 Dist 2010 State v Kemp, Ohio App 8 Dist 2011 Garcia v State, TX App - Dallas 2011

7 Dog Sniff Dog sniff of vehicle, even where Defendant arrested and secured and/or not reasonable to believe auto contained evidence of arrest crime, is not a search and did not violate Gant US v Rosas-Herrera, 816 F. Supp. 2d 273 (M.D.N.C. 2011) The dog sniff itself is not a search and as long as it is done during the pendency of a lawful stop and not beyond, there is no issue. Illinois v. Caballes, 543 U.S. 405 (2005) Mungo A case with a.torturous and monstrously complex procedural history stretching out behind it People v Mungo (Mich. App., 2012)

8 Citations Arizona v Gant, 556 U.S. 332 (2009) Thornton v United States, 541 U.S. 615 (2004) New York v Belton, 453 U.S. 454 (1981) United States v McCraney, (6 th Cir. 2012) Seth W. Stoughton, Modern Police Practices: Arizona v. Gant s Illusory Restriction of Vehicle Searches Incident to Arrest, 97 Va. L. Rev (2011) United States v Conerly, 210 WL (E.D. Mich. 2010) People v Tavernier (Mich. App., 2012) Michigan v. Long, 463 U.S (1983) People v Washington (Mich. App., 2010) United States v Ross, 456 U.S. 798 (1982) United States v Steele, 5 th Cir 2009 People v Howard (Mich. App., 2010) Maryland v. Buie, 494 U.S. 325 (1990) Schneckloth v. Bustamonte, 412 U. S. 218 (1973) People v Jackson, 2010 WL (Mich. App 2010) People v Gouch, # Monroe Circuit Court (Mich. App., 2011), unpublished California v. Greenwald, 486 U.S. 35 (1988) Coolidge v. New Hampshire, 403 U.S. 443 (1971) South Dakota v. Opperman, 428 U.S. 364 (1976) US v Rollins, 2010 WL (E.D. Tenn. 2010) Not reported State v Wotring, 2010 WL (Ohio App 11 Dist. 2010) State v Kemp, 2011 WL (Ohio App 8 Dist. 2011) Garcia v State, 2011 WL (TX App - Dallas 2011) Illinois v. Caballes, 543 U.S. 405 (2005) US v Rosas-Herrera, 816 F. Supp. 2d 273 (M.D.N.C. 2011) People v Mungo, # (Mich. App., 2012)

CONSTITUTIONAL CRIMINAL PROCEDURE ISSUES AND TRAFFIC STOPS

CONSTITUTIONAL CRIMINAL PROCEDURE ISSUES AND TRAFFIC STOPS CONSTITUTIONAL CRIMINAL PROCEDURE ISSUES AND TRAFFIC STOPS A Presentation of the Texas Municipal Courts Education Center Municipal Prosecutors Conference 2009 Tom Bridges Portland, Texas with slight, unauthorized

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Case 1:07-cr-00014-BLW Document 24 Filed 09/07/2007 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO UNITED STATES OF AMERICA, ) ) Case No. CR-07-14-S-BLW Plaintiff, ) ) MEMORANDUM

More information

Police Interaction: On and Off Campus. Last Updated January 2010

Police Interaction: On and Off Campus. Last Updated January 2010 YOUTH RIGHTS MANUAL Youth Rights Manual Police Interaction: On and Off Campus Last Updated January 2010 ACLU FOUNDATION OF TEXAS P.O. BOX 8306 HOUSTON, TX 77288 T/ 713.942.8146 F/ 713.942.8966 WWW.ACLUTX.ORG

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE, v. ID. No. 1309003133 ALLEN CHRISTOPHER, Defendant. ORDER AND NOW, TO WIT, this 17th day of March, 2014, IT

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CASE 0:14-cr-00295-SRN-JSM Document 44 Filed 01/12/15 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA United States of America, Case No. 14-cr-295 (SRN/JSM) Plaintiff, v. Martel Javell Einfeldt,

More information

Court of Appeals of Ohio

Court of Appeals of Ohio [Cite as State v. Dent, 2011-Ohio-1235.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94823 STATE OF OHIO PLAINTIFF-APPELLANT vs. HAROLD DENT DEFENDANT-APPELLEE

More information

The University. Department of Police Services

The University. Department of Police Services The University of Vermont Department of Police Services Department Directive # OPS-1110 Subject: DUI Enforcement CALEA Standards 61.1.4, 61.1.5, 61.1.10, 61.1.11 Rescinds All Previous Directives Effective

More information

ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE

ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE STATE OF FLORIDA, Plaintiff, v. RICARDO H. GLASCO, Defendant. Circuit Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-2010-CF-021349-AXXX-XX. February 24, 2011. John M. Harris, Judge.

More information

FOREWORD: ACCOUNTING FOR TECHNOLOGICAL CHANGE

FOREWORD: ACCOUNTING FOR TECHNOLOGICAL CHANGE FOREWORD: ACCOUNTING FOR TECHNOLOGICAL CHANGE ORIN S. KERR * Changing technology presents a recurring problem for lawmakers. Laws are enacted with a background understanding of the facts. When those facts

More information

xtra redit A Classroom Study of a Supreme Court of Ohio Case

xtra redit A Classroom Study of a Supreme Court of Ohio Case xtra redit A Classroom Study of a Supreme Court of Ohio Case CELL PHONES: SEARCH AND SEIZURE Analyzing a Case Introduction The Supreme Court of Ohio in December 2009 ruled that the U.S. Constitution s

More information

State of Wisconsin: Circuit Court: Milwaukee County: v. Case No. 2009CF001837. Defendant's Motion to Suppress Evidence

State of Wisconsin: Circuit Court: Milwaukee County: v. Case No. 2009CF001837. Defendant's Motion to Suppress Evidence State of Wisconsin: Circuit Court: Milwaukee County: State of Wisconsin, Plaintiff, v. Case No. 2009CF001837 Willie Pierce, Defendant. Defendant's Motion to Suppress Evidence Now comes the above-named

More information

Know Your. Help End Discriminatory, Abusive & Illegal Policing! ChangeTheNYPD.org @changethenypd facebook.com/changethenypd

Know Your. Help End Discriminatory, Abusive & Illegal Policing! ChangeTheNYPD.org @changethenypd facebook.com/changethenypd Know Your Rights! Help End Discriminatory, Abusive & Illegal Policing! ChangeTheNYPD.org @changethenypd facebook.com/changethenypd This brochure describes some of your rights under the law when interacting

More information

HOW DOES A CRIMINAL CASE GET DISMISSED WITHOUT A TRIAL? Many criminal cases are resolved without a trial. Some with straight forward dismissals.

HOW DOES A CRIMINAL CASE GET DISMISSED WITHOUT A TRIAL? Many criminal cases are resolved without a trial. Some with straight forward dismissals. HOW DOES A CRIMINAL CASE GET DISMISSED WITHOUT A TRIAL? Many criminal cases are resolved without a trial. Some with straight forward dismissals. In some cases the prosecution can be misinformed by the

More information

Enforcement of Zero Tolerance Laws in the United States

Enforcement of Zero Tolerance Laws in the United States Enforcement of Zero Tolerance Laws in the United States 1 S.A. Ferguson, 1 M. Fields, and 2 R.B. Voas 1 Insurance Institute for Highway Safety, Arlington, Virginia, USA 2 Pacific Institute for Research

More information

SEARCHES, SEIZURES AND STATEMENTS th th th. The Busy Lawyer s Handbook on the 4, 5 & 6 Amendments

SEARCHES, SEIZURES AND STATEMENTS th th th. The Busy Lawyer s Handbook on the 4, 5 & 6 Amendments SEARCHES, SEIZURES AND STATEMENTS th th th The Busy Lawyer s Handbook on the 4, 5 & 6 Amendments Andrea K. George Executive Director Federal Defenders of Eastern Washington and Idaho Updated as of November

More information

The U.S. Constitution is designed to protect citizens against abuses of police power.

The U.S. Constitution is designed to protect citizens against abuses of police power. CHAPTER Policing: Legal Aspects Changing Legal Climate The U.S. Constitution is designed to protect citizens against abuses of police power. Changing Legal Climate 1960 s The U.S. Supreme Court clarified

More information

Buy The Complete Version of This Book at Booklocker.com:

Buy The Complete Version of This Book at Booklocker.com: A concise treatment of the basic principles of criminal law, the elements of specific Arkansas offenses, evidence law, and the laws of procedure that Arkansas law enforcement officers and other criminal

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). STATE OF MINNESOTA IN COURT OF APPEALS A13-1698 Brian Jeffrey Serber, petitioner, Respondent,

More information

STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL. February 24, 2014. Opinion No. 14-21 QUESTIONS

STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL. February 24, 2014. Opinion No. 14-21 QUESTIONS STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL Searches and Arrests on School Property February 24, 2014 Opinion No. 14-21 QUESTIONS 1. Do public school students have any expectation of privacy in their

More information

UNITED STATES COURT OF APPEALS For the Fifth Circuit. No. 92-4280 UNITED STATES OF AMERICA, VERSUS. GEORGE THOMAS CURRY a/k/a Jason Mouton,

UNITED STATES COURT OF APPEALS For the Fifth Circuit. No. 92-4280 UNITED STATES OF AMERICA, VERSUS. GEORGE THOMAS CURRY a/k/a Jason Mouton, UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 92-4280 UNITED STATES OF AMERICA, VERSUS Plaintiff-Appellee, GEORGE THOMAS CURRY a/k/a Jason Mouton, Defendant-Appellant. Appeal from the United

More information

Court of Appeals Ninth District of Texas at Beaumont

Court of Appeals Ninth District of Texas at Beaumont In The Court of Appeals Ninth District of Texas at Beaumont NO. 09-15-00054-CR NATHAN JOEL NICHOLS JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 252nd District Court Jefferson County,

More information

THE LAW AND YOU. What can I do when the School Board and I disagree on discipline? Do I have a choice when Family Court decides who I ll live with?

THE LAW AND YOU. What can I do when the School Board and I disagree on discipline? Do I have a choice when Family Court decides who I ll live with? THE LAW AND YOU 15-1 Each state has particular laws that deal with acts usually committed by young people. Just because someone is under the age of 17 (considered a juvenile) does not mean that laws do

More information

The count is Obstructing Governmental Administration in the Second Degree.

The count is Obstructing Governmental Administration in the Second Degree. OBSTRUCTING GOVERNMENTAL ADMINISTRATION SECOND DEGREE (A Misdemeanor) PENAL LAW 195.05 (Committed on or after November 1, 1998) (Revised December 2013) 1 The count is Obstructing Governmental Administration

More information

Search and Seizure After "Arizona v. Gant"

Search and Seizure After Arizona v. Gant Arizona Summit Law School From the SelectedWorks of Dave Cole October, 2009 Search and Seizure After "Arizona v. Gant" Dave Cole, Arizona Summit Law School Dale Anderson Available at: http://works.bepress.com/dave_cole1/3/

More information

2015 IL App (1st) 130630-U. FOURTH DIVISION August 13, 2015. No. 1-13-0630 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 130630-U. FOURTH DIVISION August 13, 2015. No. 1-13-0630 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 130630-U FOURTH DIVISION August 13, 2015 No. 1-13-0630 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

The Rap Sheet. Norm Wolfinger

The Rap Sheet. Norm Wolfinger The Rap Sheet Legal News for Law Enforcement in Brevard and Seminole Counties March 2003 Volume XIX, Issue 1 Message from State Attorney Norm Wolfinger As our brave brothers and sisters serving our armed

More information

OFFICE OF THE CHIEF OF POLICE APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON FEBRUARY 28, 2012

OFFICE OF THE CHIEF OF POLICE APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON FEBRUARY 28, 2012 OFFICE OF THE CHIEF OF POLICE SPECIAL ORDER NO. 7 April 10, 2012 APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON FEBRUARY 28, 2012 SUBJECT: COMMUNITY CARETAKING DOCTRINE AND VEHICLE IMPOUND PROCEDURES

More information

United States Court of Appeals

United States Court of Appeals No. 11 3107 Case: 11-3107 Document: 28 Filed: 05/02/2012 Pages: 5 NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit

More information

To Serve and Protect: Thornton v. United States and the Newly Anemic Fourth Amendment

To Serve and Protect: Thornton v. United States and the Newly Anemic Fourth Amendment To Serve and Protect: Thornton v. United States and the Newly Anemic Fourth Amendment In Thornton v. United States,' the United States Supreme Court further weakened the protection afforded by the Fourth

More information

A chart summarizing the main enforcement provisions of the new law is included in this order as Attachment A.

A chart summarizing the main enforcement provisions of the new law is included in this order as Attachment A. SPECIAL ORDER DISTRICT OF COLUMBIA Title Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014 (Initiative 71) Number SO-15-07 Effective Date February 26, 2015

More information

AGENDA ELECTRONIC ADVANCES AND THE LAW. Tangipahoa Case Study and Cell Phone Basics. The U.S. Supreme Court and Cell Phone Searches.

AGENDA ELECTRONIC ADVANCES AND THE LAW. Tangipahoa Case Study and Cell Phone Basics. The U.S. Supreme Court and Cell Phone Searches. Leland Corky Dwight, Investigator Louisiana State Police ELECTRONIC ADVANCES AND THE LAW J. J. Williams, Jr., Staff Attorney Louisiana District Attorneys Association JJ@LDAA.ORG AGENDA Tangipahoa Case

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 STATE OF TENNESSEE v. DERRICK S. CHANEY Direct Appeal from the Circuit Court for Williamson County No. II-22-201

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008). STATE OF MINNESOTA IN COURT OF APPEALS A09-525 Donta Darnell Holley, petitioner, Appellant,

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 10-4683

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 10-4683 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4683 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARCO THOMAS MOORE, Defendant - Appellant. Appeal from the United States

More information

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, ) ) Plaintiff, No. CR-05-1125 TUC RCC (JM) ) ) v. REPORT AND RECOMMENDATION

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, ) ) Plaintiff, No. CR-05-1125 TUC RCC (JM) ) ) v. REPORT AND RECOMMENDATION Case :0-cr-0-RCC-JR Document Filed 0/0/0 Page of 0 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Tajma Demarcus Murphy; and Derek Jason- Lyn Collins, Defendants.

More information

November 4, 2004 FIRST QUESTION PRESENTED

November 4, 2004 FIRST QUESTION PRESENTED November 4, 2004 No. OP-8280 This opinion is issued in response to questions from the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) about the accident reporting requirements

More information

No. 100,992 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, RAUL J. AGUILAR, JR., Appellant. SYLLABUS BY THE COURT

No. 100,992 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, RAUL J. AGUILAR, JR., Appellant. SYLLABUS BY THE COURT No. 100,992 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. RAUL J. AGUILAR, JR., Appellant. SYLLABUS BY THE COURT 1. The plain language of K.S.A. 2008 Supp. 28-176(a) permits

More information

An Unreasonable Expectation? Warrantless Searches of Cell Phones

An Unreasonable Expectation? Warrantless Searches of Cell Phones BYU Law Review Volume 2013 Issue 5 Article 7 2-28-2014 An Unreasonable Expectation? Warrantless Searches of Cell Phones Michael V. Hinckley Follow this and additional works at: http://digitalcommons.law.byu.edu/lawreview

More information

Chapter 15: Stops and Warrantless Searches

Chapter 15: Stops and Warrantless Searches Chapter 15: Stops and Warrantless Searches This chapter outlines a five-step approach for analyzing typical street encounters with police. It covers situations involving both pedestrians and occupants

More information

LODI POLICE DEPARTMENT David J. Main, Chief of Police

LODI POLICE DEPARTMENT David J. Main, Chief of Police Release Date and Time: 090309 Subject: Avoid the 10 DUI Grant Details: On 08/28/09 the Lodi Police Department conducted a DUI Check Point in the 500 block of E Lockeford. During this check point, LPD arrested

More information

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 494. September Term, 2014 EFRAIN TAYLOR STATE OF MARYLAND

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 494. September Term, 2014 EFRAIN TAYLOR STATE OF MARYLAND REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 494 September Term, 2014 EFRAIN TAYLOR v. STATE OF MARYLAND Eyler, Deborah S. Zarnoch, Nazarian, JJ. Opinion by Zarnoch, J. Filed: August 27, 2015

More information

Officers of the Ridgely Police Department will issue a civil citation for a qualifying marijuana offense beginning October 1, 2014.

Officers of the Ridgely Police Department will issue a civil citation for a qualifying marijuana offense beginning October 1, 2014. Ridgely Police Department General Orders Effective: October 1, 2014 8-7 Chief Gary M. Manos Civil Marijuana Violations I. PURPOSE To outline the procedures for issuing civil citations for qualifying marijuana

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA Case 1:12-cr-00184-CG Document 12 Filed 10/29/12 Page 1 of 5 AO 245D (Rev. 12/03) Judgment in a Criminal Case for Revocations (11590) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA UNITED STATES

More information

Administrative License Suspension, Issues Warranting a Termination : A Quick Guide To Regaining Your Driver s License After a DUI Arrest

Administrative License Suspension, Issues Warranting a Termination : A Quick Guide To Regaining Your Driver s License After a DUI Arrest Administrative License Suspension, Issues Warranting a Termination : A Quick Guide To Regaining Your Driver s License After a DUI Arrest *with relevant statutes and case law* Your driver s license is suspended

More information

State of Wisconsin: Circuit Court: Waukesha County: v. Case No. 2008CF001397. Defendant's Motion to Suppress Results of Blood Test

State of Wisconsin: Circuit Court: Waukesha County: v. Case No. 2008CF001397. Defendant's Motion to Suppress Results of Blood Test State of Wisconsin: Circuit Court: Waukesha County: State of Wisconsin, Plaintiff, v. Case No. 2008CF001397 Michael Murray, Defendant. Defendant's Motion to Suppress Results of Blood Test Please take notice

More information

Frequently Asked Questions

Frequently Asked Questions Frequently Asked Questions City of Imperial Imperial Police Department 424 South Imperial Avenue Imperial, CA 92251 Phone (760)355-4327 Where is the Police Department located? The Police Department is

More information

FLORIDA v. THOMAS. certiorari to the supreme court of florida

FLORIDA v. THOMAS. certiorari to the supreme court of florida 774 OCTOBER TERM, 2000 Syllabus FLORIDA v. THOMAS certiorari to the supreme court of florida No. 00 391. Argued April 25, 2001 Decided June 4, 2001 While officers were investigating marijuana sales and

More information

KNOW YOUR RIGHTS STOP, SEARCH AND ARREST

KNOW YOUR RIGHTS STOP, SEARCH AND ARREST KNOW YOUR RIGHTS STOP, SEARCH AND ARREST Contents What is Stop and Search? 2 Why me? 2 Where can I be searched? 2 Can my car be stopped or searched? 3 What do I have to do? 3 Before the search 3 During

More information

Decided: March 27, 2015. S14A1625. WILLIAMS v. THE STATE. Following a bench trial, John Cletus Williams was convicted of driving

Decided: March 27, 2015. S14A1625. WILLIAMS v. THE STATE. Following a bench trial, John Cletus Williams was convicted of driving In the Supreme Court of Georgia Decided: March 27, 2015 S14A1625. WILLIAMS v. THE STATE. HINES, Presiding Justice. Following a bench trial, John Cletus Williams was convicted of driving under the influence

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A11-1959 State of Minnesota, Appellant, vs. Andre

More information

If You Have Been Charged With a Crime that Requires the Prosecution to Prove Possession Based on a Constructive Possession Argument It Is Crucial for

If You Have Been Charged With a Crime that Requires the Prosecution to Prove Possession Based on a Constructive Possession Argument It Is Crucial for CONSTRUCTIVE POSSESSION IN TENNESSEE CRIMINAL OFFENSES If You Have Been Charged With a Crime that Requires the Prosecution to Prove Possession Based on a Constructive Possession Argument It Is Crucial

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01004-CR. NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01004-CR. NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee REVERSE and REMAND; and Opinion Filed December 22, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01004-CR NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee

More information

Event Data Recorders and Their Role in. Automobile Accident Litigation

Event Data Recorders and Their Role in. Automobile Accident Litigation Event Data Recorders and Their Role in Automobile Accident Litigation by Jason A. Koch jkoch@jlolaw.com 8519 Eagle Point Boulevard, Suite 100 Lake Elmo, Minnesota 55042-8624 (651) 290-6500 I. Event Data

More information

I. When Does the Fourth Amendment Apply?... 1 Government Action..1 Expectation of Privacy 1 Seizure.3

I. When Does the Fourth Amendment Apply?... 1 Government Action..1 Expectation of Privacy 1 Seizure.3 Fourth Amendment: A Primer on Search & Seizure Law Maine Federal Defender s Office David Beneman, FD & Katlyn Davidson, Esq. Wednesday, January 20, 2010 I. When Does the Fourth Amendment Apply?... 1 Government

More information

THE FEDERAL LAW ENFORCEMENT -INFORMER- A MONTHLY LEGAL RESOURCE AND COMMENTARY FOR LAW ENFORCEMENT OFFICERS AND AGENTS

THE FEDERAL LAW ENFORCEMENT -INFORMER- A MONTHLY LEGAL RESOURCE AND COMMENTARY FOR LAW ENFORCEMENT OFFICERS AND AGENTS Department of Homeland Security Federal Law Enforcement Training Centers Office of Chief Counsel Legal Training Division July 2015 THE FEDERAL LAW ENFORCEMENT -INFORMER- A MONTHLY LEGAL RESOURCE AND COMMENTARY

More information

Traffic Code: The New Vagrancy Laws

Traffic Code: The New Vagrancy Laws Volume 154, No. 083 26, April, 2008 Traffic Code: The New Vagrancy Laws For the last 14 years, I have written a monthly column for the Chicago Daily Law Bulletin on criminal law issues. In the column,

More information

The Right to a Speedy Trial

The Right to a Speedy Trial The Right to a Speedy Trial You have a constitutional right to a speedy trial in the United States and in New Jersey. You also have a right to see ALL of the evidence against you prior your date in court.

More information

THE FEDERAL LAW ENFORCEMENT -INFORMER- MONTHLY LEGAL RESOURCE AND COMMENTARY FOR FEDERAL LAW ENFORCEMENT OFFICERS AND AGENTS

THE FEDERAL LAW ENFORCEMENT -INFORMER- MONTHLY LEGAL RESOURCE AND COMMENTARY FOR FEDERAL LAW ENFORCEMENT OFFICERS AND AGENTS Department of Homeland Security Federal Law Enforcement Training Center Legal Training Division November 2009 THE FEDERAL LAW ENFORCEMENT -INFORMER- MONTHLY LEGAL RESOURCE AND COMMENTARY FOR FEDERAL LAW

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs November 12, 2014. STATE OF TENNESSEE v. TYRONE R.

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs November 12, 2014. STATE OF TENNESSEE v. TYRONE R. IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs November 12, 2014 STATE OF TENNESSEE v. TYRONE R. TEASLEY Appeal from the Circuit Court for Williamson County Nos. II-CR017000,

More information

SUPREME COURT OF LOUISIANA. No. 04-KK-0273 STATE OF LOUISIANA SEAN STRANGE, TALBERT PORTER. On Writ of Certiorari to the Third Circuit Court of Appeal

SUPREME COURT OF LOUISIANA. No. 04-KK-0273 STATE OF LOUISIANA SEAN STRANGE, TALBERT PORTER. On Writ of Certiorari to the Third Circuit Court of Appeal 05/14/04 See News Release 043 for any concurrences and/or dissents. SUPREME COURT OF LOUISIANA No. 04-KK-0273 STATE OF LOUISIANA v. SEAN STRANGE, TALBERT PORTER On Writ of Certiorari to the Third Circuit

More information

2300 IMMIGRATION POLICY [CALEA 1.2.9 A-D]

2300 IMMIGRATION POLICY [CALEA 1.2.9 A-D] POLICY [CALEA 1.2.9 A-D] The Department shall conduct all immigration enforcement activities in a manner consistent with federal and state laws regulating immigration and protecting the civil rights, privileges

More information

I.Introduction. II. The Right to Turn Around

I.Introduction. II. The Right to Turn Around CHECKPOINTS AFTER STATE V. ROSE; HOW TO SUPPRESS A DWI ARREST THAT ORIGINATES AS A STOP AT A CHECKPOINT By Chuck Alexander Winston Salem, NC I.Introduction In recent years police checkpoints have become

More information

Prado Navarette Et Al. v. California, 572 U.S. (April 22, 2014) An Analysis

Prado Navarette Et Al. v. California, 572 U.S. (April 22, 2014) An Analysis Prado Navarette Et Al. v. California, 572 U.S. (April 22, 2014) An Analysis Brandon Hughes Traffic Safety Resource Prosecutor Alabama Office of Prosecution Services alabamaduiprosecution.com A question

More information

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY [Cite as State v. Rogers, 2014-Ohio-103.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) STATE OF OHIO C.A. No. 26877 Appellee v. SHANE E. ROGERS Appellant APPEAL

More information

IN THE COURT OF APPEALS OF THE STATE OF OREGON. STATE OF OREGON, Plaintiff-Respondent, v. GEORGE DANIEL SNOW, Defendant-Appellant.

IN THE COURT OF APPEALS OF THE STATE OF OREGON. STATE OF OREGON, Plaintiff-Respondent, v. GEORGE DANIEL SNOW, Defendant-Appellant. FILED: December, 0 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. GEORGE DANIEL SNOW, Defendant-Appellant. Jackson County Circuit Court 01FE A Patricia Crain,

More information

THE NEBRASKA INTERSTATE DRUG STOP DEFENSE BOOK Defending Interstate Drug Crimes from Start to Finish

THE NEBRASKA INTERSTATE DRUG STOP DEFENSE BOOK Defending Interstate Drug Crimes from Start to Finish THE NEBRASKA INTERSTATE DRUG STOP DEFENSE BOOK Defending Interstate Drug Crimes from Start to Finish BY JOHN S. BERRY & CHAD J. WYTHERS BERRY LAW FIRM, LINCOLN NEBRASKA 1 Table of Contents Introduction

More information

Vermont Legislative Council

Vermont Legislative Council Vermont Legislative Council 115 State Street Montpelier, VT 05633-5301 (802) 828-2231 Fax: (802) 828-2424 MEMORANDUM To: From: House Judiciary Committee Erik FitzPatrick Date: February 19, 2015 Subject:

More information

Handbook for Strengthening Harmony Between Immigrant Communities and the Edmonton Police Service

Handbook for Strengthening Harmony Between Immigrant Communities and the Edmonton Police Service Handbook for Strengthening Harmony Between Immigrant Communities and the Edmonton Police Service Handbook for Strengthening Harmony This handbook is intended to help you understand the role of policing

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2001-5 APPENDIX B

ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2001-5 APPENDIX B APPENDIX B Guidelines for the implementation of N.J.S.A. 39:4-50.23, the mandatory 12-hour impoundment of the motor vehicle operated by a person arrested for a violation of N.J.S.A. 39:4-50 (DWI) or N.J.S.A.

More information

IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO. v. : T.C. NO. 2007 TRC 2065

IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO. v. : T.C. NO. 2007 TRC 2065 [Cite as State v. Swartz, 2009-Ohio-902.] IN THE COURT OF APPEALS FOR MIAMI COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellant : C.A. CASE NO. 2008 CA 31 v. : T.C. NO. 2007 TRC 2065 ROBERT W. SWARTZ : (Criminal

More information

STRIP SEARCH. Attorney General's Strip Search and Body Cavity Search Requirements and Procedures for Police Officers

STRIP SEARCH. Attorney General's Strip Search and Body Cavity Search Requirements and Procedures for Police Officers STRIP SEARCH Attorney General's Strip Search and Body Cavity Search Requirements and Procedures for Police Officers Issued February 1993 Revised June 1995 TO: ALL COUNTY PROSECUTORS DATE: February 3, 1993

More information

UNITED STATES COURT OF APPEALS

UNITED STATES COURT OF APPEALS RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 15a0164p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, v. Plaintiff-Appellee,

More information

School Resource Officer Legal Manual

School Resource Officer Legal Manual Stearns County Attorney s Office School Resource Officer Legal Manual Prosecutors Schools Students Parents Law Enforcement Created by: The Stearns County Attorney s Office Janelle P. Kendall, Stearns County

More information

UNITED STATES DISTRICT COURT DISTRICT OF MAINE. UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant )

UNITED STATES DISTRICT COURT DISTRICT OF MAINE. UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant ) UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant ) RECOMMENDED DECISION ON MOTION TO SUPPRESS Halvor Carl, charged with

More information

SUBJECT: ENFORCEMENT OF CRIMINAL POSSESSION OF MARIJUANA, FIFTH DEGREE, SUBDIVISION ONE

SUBJECT: ENFORCEMENT OF CRIMINAL POSSESSION OF MARIJUANA, FIFTH DEGREE, SUBDIVISION ONE OPERATIONS ORDER SUBJECT: ENFORCEMENT OF CRIMINAL POSSESSION OF MARIJUANA, FIFTH DEGREE, SUBDIVISION ONE DATE ISSUED: NUMBER: 11-11-14 43 1. This Order allows for the issuance of a Criminal Court summons,

More information

CONDUCT A NEBRASKA SEARCH AND SEIZURE OF YOUR HOME?

CONDUCT A NEBRASKA SEARCH AND SEIZURE OF YOUR HOME? WHEN CAN THE POLICE CONDUCT A NEBRASKA SEARCH AND SEIZURE OF YOUR HOME? A man's house shall be his own castle, privileged against all civil and military intrusion. Petersen Criminal Defense Law Regardless

More information

CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication

CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication Order Subject G-01 TRAFFIC ENFORCEMENT 500 DUI Effective 12/28/12 A. POLICY [61.1.5] [61.1.11] 1. A DUI SUSPECT WILL

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed March 25, 2015. Not final until disposition of timely filed motion for rehearing. No. 3D13-527 Lower Tribunal No. 12-371-K Peter Josephson

More information

SOBRIETY PROGRAM GUIDELINES Office of Attorney General

SOBRIETY PROGRAM GUIDELINES Office of Attorney General SOBRIETY PROGRAM GUIDELINES Office of Attorney General 2013 Contents I. GENERAL PROVISIONS...3 A. Policy Statement...3 B. Definitions....4 C. Testing Site...6 D. 24/7 Sobriety Testing as a Condition of

More information

Arizona v. Gant: Just Another Speed Bump?

Arizona v. Gant: Just Another Speed Bump? Arizona v. Gant: Just Another Speed Bump? Justin Casson* TABLE OF CONTENTS I. INTRODUCTION... 797 II. HISTORICAL BACKGROUND... 799 III. ANALYSIS... 803 A. Maintaining Alternative Search Doctrines Will

More information

2:03-cr-80630-PDB Doc # 40 Filed 08/18/05 Pg 1 of 7 Pg ID 94 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:03-cr-80630-PDB Doc # 40 Filed 08/18/05 Pg 1 of 7 Pg ID 94 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:03-cr-80630-PDB Doc # 40 Filed 08/18/05 Pg 1 of 7 Pg ID 94 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, CASE NO. 03-80630 v. PAUL D.

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A11-13 State of Minnesota, Respondent, vs. Sin Santo

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs at Knoxville October 15, 2013

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs at Knoxville October 15, 2013 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs at Knoxville October 15, 2013 STATE OF TENNESSEE v. MECHELLE L. MONTGOMERY Appeal from the Circuit Court for Williamson County

More information

Information about your Impounded Vehicle

Information about your Impounded Vehicle 11555 W Civic Center Dr, Bldg B, Marana, AZ 85653 (520) 382-2000 Information about your Impounded Vehicle If your vehicle was impounded by an officer of the Marana Police Department, please review the

More information

DUI (Driving Under the Influence)

DUI (Driving Under the Influence) DUI (Driving Under the Influence) Driving Under the Influence (DUI) In Illinois, a person is considered to be driving under the influence when: The driver has an alcohol concentration on the breath of.08

More information

Copyright 2014 The Burroughs Group- All Rights Reserved

Copyright 2014 The Burroughs Group- All Rights Reserved Prince George s County Police Department Practice Test General Orders Volume II 1. The Loitering Ordinance is enforceable any time of day or night, subject to the restrictions in this section. Individuals

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE Filed 3/29/10 Certified for publication 4/14/10 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Appellant, v. GIDEON GORDON

More information

CALLING FOR A STANDARD: WHY COURTS SHOULD APPLY A NEW BALANCING TEST IN CELL PHONE SEARCHES INCIDENT TO ARREST

CALLING FOR A STANDARD: WHY COURTS SHOULD APPLY A NEW BALANCING TEST IN CELL PHONE SEARCHES INCIDENT TO ARREST CALLING FOR A STANDARD: WHY COURTS SHOULD APPLY A NEW BALANCING TEST IN CELL PHONE SEARCHES INCIDENT TO ARREST Drew Liming* You have just been stopped for driving with a revoked license. A police officer

More information

May 15, 1999 3.03 REVISED. TOTAL PAGES Mar. 30, 2014 8. Transport and Slating

May 15, 1999 3.03 REVISED. TOTAL PAGES Mar. 30, 2014 8. Transport and Slating Columbus Police Division Directive EFFECTIVE NUMBER May 15, 1999 3.03 REVISED TOTAL PAGES Mar. 30, 2014 8 Transport and Slating I. Policy Statements A. Maintenance of Custody 1. Officers shall maintain

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED October 16, 2014 v No. 316532 Marquette Circuit Court THOMAS JOHN RICHER, JR., LC No. 12-051000-FH Defendant-Appellant.

More information

September-October 2006 Volume 25, Issue 5 Page 2 of 10

September-October 2006 Volume 25, Issue 5 Page 2 of 10 September-October 2006 Volume 25, Issue 5 Page 1 of 10 Contents Fourth Amendment/Search and Seizure/Consent Search Fifth Amendment/ Interrogation/ Miranda Juvenile Rights New Sex Offender Legislation Residential

More information

NOT DESIGNATED FOR PUBLICATION. No. 113,343 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. CITY OF HUTCHINSON, Appellee, DANIEL JACKSON, Appellant.

NOT DESIGNATED FOR PUBLICATION. No. 113,343 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. CITY OF HUTCHINSON, Appellee, DANIEL JACKSON, Appellant. NOT DESIGNATED FOR PUBLICATION No. 113,343 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CITY OF HUTCHINSON, Appellee, v. DANIEL JACKSON, Appellant. MEMORANDUM OPINION Appeal from Reno District Court;

More information

PLEASE NOTE: Why was my vehicle impounded?

PLEASE NOTE: Why was my vehicle impounded? Ready to Protect, Proud to Serve Tucson Police Department 1310 W. Miracle Mile Tucson, AZ 85705 (520) 791-4285 Updated August 14, 2015 If your vehicle was impounded by an officer of the Tucson Police Department

More information

First Circuit Prohibits Warrantless Search of Cellular Phones

First Circuit Prohibits Warrantless Search of Cellular Phones First Circuit Prohibits Warrantless Search of Cellular Phones In United States v. Wurie, 1 a police officer, while performing routine surveillance, observed what he believed was an illegal drug transaction

More information

Guns at the Workplace

Guns at the Workplace Jonathan Hancock and Joann Coston-Holloway, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, with PLC Labor & Employment A Note describing state guns-at-work laws, sometimes known as parking lot laws.

More information

Ketamine laws: Possession, Possession for Sale and DUI of Ketamine

Ketamine laws: Possession, Possession for Sale and DUI of Ketamine 1 Ketamine is a recreational drug that is popularly used at clubs because of its psychoactive effects. It is a narcotic and a controlled substance under the federal Controlled Substances Act that classifies

More information

KEN PAXTON ATTORNEY GENERAL OF TEXAS. August 14, 2015

KEN PAXTON ATTORNEY GENERAL OF TEXAS. August 14, 2015 KEN PAXTON ATTORNEY GENERAL OF TEXAS August 14, 2015 Mr. William H. Kuntz, Jr. Executive Director Texas Department of Licensing and Regulation Post Office Box 12157 Austin, Texas 78711 Opinion No. KP-0034

More information

CITY OF MARYLAND HEIGHTS OFFICE OF THE CHIEF OF POLICE

CITY OF MARYLAND HEIGHTS OFFICE OF THE CHIEF OF POLICE CITY OF MARYLAND HEIGHTS OFFICE OF THE CHIEF OF POLICE GENERAL ORDER 452.00 Cancels: 452.00 Rev 2 Index as: October 31, 2013 Blood Test, DWI Breath Test, DWI DWI Evidence, DWI Traffic Accidents, DWI Urine

More information

DUI ENFORCEMENT AND PROCEDURES

DUI ENFORCEMENT AND PROCEDURES DUI ENFORCEMENT AND PROCEDURES INDEX CODE: 1905 EFFECTIVE DATE: 04-04-16 Contents: I. Purpose II. Field Procedures for DUI/DWI Cases III. Station Procedures IV. Chemical Testing V. Release of DUI/DWI Offenders

More information