Can a Suspect Deny Ownership of a Safe by Repeatedly Stating ‘Its Not Mine!’ and Later Challenge the Search of It?
He simply had no expectation of privacy in that item after repeatedly denying t [...]
If a Suspect is Handcuffed Does that Mean He is Under Arrest?
Based on Lieutenant #1’s comments, we find that Lieutenant #1’s handcuffing of [...]
Must Law Enforcement Determine Ownership Before Searching Containers in a Car when the Driver Consents?
Because Mr. Helman’s consent did not extend to validate the search of Ms. Mort’ [...]
Does Plain-View Obervation of Drugs in a Crashed Vehicle Establish Knowing Possession Despite the Not Mine Defense?
[T]he jury afforded more weight to the State’s evidence than Mr. Stackhouse’s v [...]
Can a Traffic Stop be Unreasonably Extended Prior to the Issuance of a Traffic Citation?
Dep. Harper, through his questioning regarding Mr. Moffitt’s activities at the [...]
Can an Officer’s Eyes Observe Movement Behind Tinted Windows that the BWC Does Not Capture?
Not according to a Summit County Trial Judge In granting the motion to suppress [...]
Sixth Circuit Appellate Court Reaffirms that Local Law Enforcement May Enforce Federal Law
[W]e held that absent specific federal prohibition, the Fourth Amendment does n [...]
Under the Vehicle Protective Sweep Doctrine; Once a Pellet Gun is Discovered Can an Officer Continue the Sweep to Assure there are No Additional Weapons or Must the Sweep End?
He contends that the concern for officer safety evaporated when officers made t [...]
Is there a Messy-Car Defense to Felony Drug Possession?
Mr. Pitman’s own testimony showed that he knowingly possessed the tablets. S [...]
Can Consent During an Investigative Stop Lead to Probable Cause for a Locked Container Search?
[I]n addition to probable cause to search Mr. Prater’s vehicle, we conclude tha [...]