Does Probable Cause from Yesterday’s Controlled Buy Become Stale Today … Prohibiting a Search Incident to Arrest?
Despite Ms. Clark’s argument to the contrary, Officer Berry’s testimony establi [...]
Does an Incorrect Month Invalidate a Search Warrant?
[T]he warrant contained a technical violation which did not rise to the level o [...]
If a Suspect Chokes his Girlfriend to the Point of Unconsciousness … is it a Valid Defense that the Chokehold was too Brief to Create a Substantial Risk of Physical Harm?
Because there is evidence that if, believed, proves Mr. Hardy caused physical h [...]
Is a Tenth Month Gap between Child Porn and the Issuance of a Search Warrant Rise to the Level of Probable Cause Staleness?
Child Porn Addicts Cling to Images Like New Velcro … Because these images may [...]
If a Trooper Delays a Traffic Stop for an Improperly Displayed License Plate Does that Make the Stop Unreasonable Based on the Stale Probable Cause Doctrine?
Mr. Flack asserts that since Tpr. Hamed pulled off the highway (sitting in the [...]
If Law Enforcement has the Time to Obtain an Arrest Warrant Do the Officers Have to Obtain the Warrant Prior to a Custodial Arrest … Or Does the Prosecution Have to Prove that it was ‘Impracticable’?
Therefore, Mr. McCurty’s warrantless arrest, conducted in public and with proba [...]
Is Tenth Months between the Service of a Search Warrant and Possession of Child Pornography Make the Probable Cause Stale?
Because these images may exist forever and because perpetrators often hold on t [...]
Was the Probable Cause on the Search Warrant Affidavit Stale?
Some of the criminal behavior dated back six years. Given the ongoing nature of [...]
Eight Days After Probable Cause is Established does a Law Enforcement Officer Need an Arrest Warrant Before A Warrantless Arrest is Effected?
No! [T]he short delay in this case did not affect the existence of probable cau [...]