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Article • November 21, 2016 • from P&J November, 2016
U.S. v. Boatrite, No. Crim. No. 5:15CR57 (N.D.W.Va.) (165 F.Supp.3d 484) (February 22, 2016) (Judge Frederick P. Jr. Stamp) by This is an interesting decision that exposes some of the realities of the “voluntariness” of written consents to search that are given in today’s world of massive and intimidating SWAT …
Article • November 23, 2015 • from P&J November, 2015
Kane v. Lewis, No. 14-1027 (4th Cir.) (604 Fed.Appx. 229) (March 13, 2015) (Judge Allyson Kay Duncan) by This case is more than just another example of the evils of the over-the-top, nighttime, military style drug raids that have become all-too-common in America. It is also a case that exposes …
Article • September 22, 2014 • from P&J September, 2014
U.S. v. Nora, No. 12-50485 (9th Cir.) (765 F.3d 1049) (August 28, 2014) (Judge Paul J. Watford) by This is an important Fourth Amendment decision, particularly in the modern-day era of heavily-armed SWAT team raids that seem to have become the norm. As the Court explained: “The issue raised by …
Article • September 19, 2011 • from P&J September, 2011
Rush v. City of Mansfield, No. 1:07-CV-1068 (N.D.Ohio) (771 F.Supp.2d 827) (February 11, 2011) (Judge Kathleen M. O'Malley) by Here the Court held that the use of a secretive, private SWAT-type organization to execute a search warrant against a minor suspected of a petty crime was constitutionally unreasonable; and it …