1. Know Your Rights: Can Cops Inquire About Probation/Parole in Routine Traffic Stops? Driver Pat-Downs    • Know Your Rights: Can Cops Inquire Ab...  

2. Is it Legal for Police to Enter an Attached Garage Without a Warrant to Arrest a Drug Trafficker? We can conceive of no reason to distinguish a garage, where people spend time, work, and store their possessions, from a den or a kitchen, where people spend time, work, and store their possessions. Simply put, a person's garage is as much a part of his castle as the rest of his home.    • Is it Legal for Police to Enter an At...  

3. Outrageous: Wearing a Fanny Pack Over Your Shoulder Could Land You in a Police Search!?! The circumstances surrounding this case, which encompasses the officer's expertise in retrieving firearms from fanny packs, Mr. Hagood's unconventional method of wearing the fanny pack, his nervous demeanor upon encountering the officers, and the late hour within a high-crime neighborhood, collectively established reasonable suspicion.    • Outrageous: Wearing a Fanny Pack Over...  

4. Police cannot enter your porch or side garden and trawl for evidence with impunity. Curtilage. “[P]rivacy expectations are most heightened” in the curtilage, because that area is “intimately linked to the home, both physically and psychologically.” California v. Ciraolo, 476 U.S. 207, 213, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986). And the right to retreat into the home “would be of little practical value if the State's agents could stand in a home's porch or side garden and trawl for evidence with impunity.” Jardines, 569 U.S. at 6, 133 S.Ct. 1409. Put even more directly, the curtilage is “part of the home itself for Fourth Amendment purposes.” Id. (quoting Oliver, 466 U.S. at 180, 104 S.Ct. 1735).    • Police cannot enter your porch or sid...  

5. Airport Worker Searches Luggage in Hopes of Getting a Monetary $$$ Reward From the DEA. The Court of Appeals, J. Blaine Anderson, Circuit Judge, held that action of airline employee in opening a “Speed Pak” was that of a government agent where only reason he opened case was his suspicion that it contained illegal drugs, employee, who at one time had been a listed informant, expected a probable reward from Drug Enforcement Administration, DEA agent testified that such expectation was reasonable and that although agency had no prior knowledge of the particular search and had not directed employee to perform it, it had encouraged him to engage in such types of search and employee had previously opened Speed Paks with no discouragement from the agency and had been rewarded for providing drug information in the past, although his informant's file had previously been closed. United States v. Walther, 652 F.2d 788 (9th Cir. 1981).    • Airport Worker Searches Luggage in Ho...  

Anton Vialtsin, Esq.
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