Friday, July 19, 2013

Searches & Seizures, Arrests and Confessions, 2d (West)

New features and recent developments in the 2013 release (#29) include:

  • Bailey v. U.S. where the Supreme Court held that the Summers rule, which allows police officers executing a search warrant to detain the occupants of the premises while a search is conducted, is confined to those who are present in the immediate vicinity of the premises when the search is being conducted, and does not extend to those who have left the scene. (see Section 6:17)

  • Florida v. Jardines, in which the Supreme Court held that law enforcement officers' use of drug-sniffing dog on front porch of home, to investigate an unverified tip that marijuana was being grown in the home, was a trespassory invasion of the curtilage which constituted a "search" for Forth Amendment purposes. (see Section 8:17)

  • Florida v. Harris where the Supreme Court unanimously held that under the standard for determining probable cause for a search, the showing of the reliability of a drug-detection dog's alert does not require an exhaustive set of records, including a log the the dog's field  performance, and instead, the dog's certification by a bona fide organization after testing in a controlled setting allows a court to presume, subject to any conflicting evidence offered, that the dog's alert provided probable cause to search. (see section 8:29)

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