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Criminal Law

: Fourth Amendment

Paper plate in the back window violated no law, so stop was invalid

By John Wesley Hall, Jr.

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Placing a paper temporary plate in the rear window was not a violation of state law, so defendant's stop was invalid, and the inventory search thereafter was unreasonable. Young v. State, 2008 Ind. App. LEXIS 1155 (May 27, 2008).* Under these facts, a casino employee in Michigan ousting a patron is a state actor because they are licensed by Michigan law. Moore v. Detroit Entm't, LLC, 2008 Mich. App. LEXIS 1105 (May 27, 2008).* Officers surrounded defendant's house looking for a shooting suspect. They knocked on the door and, when it was opened, they smell burning marijuana. The defendant consented to an entry to recover the marijuana. The officer's guns were not drawn. State v. Nelson, 2008 Ohio 2530, 2008 Ohio App. LEXIS 2130 (9th Dist. May 28, 2008)...continue to full post

Full post as published by Fourth Amendment on May 31, 2008 (boomark / email).

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