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Criminal Law

: Fourth Amendment

WA: Bulge under floormat of alleged getaway car could be looked under

By John Wesley Hall, Jr.

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Defendant's confederate was nabbed inside a bank for forgery. Officers saw defendant in the getaway car outside and went to arrest him. They could investigate a bulge on the floormat when the officer was told defendant had a gun. State v. Chang, 2008 Wash. App. LEXIS 2716 (November 17, 2008).* Defense counsel was not ineffective for not arguing all defendant's post-conviction theories about how the search was invalid since none were capable of reversing. Consent after an unlawful entry was sufficiently attenuated to purge the taint under Brown v. Illinois. State v. Artic, 2008 Wisc. App. LEXIS 964 (December 9, 2008).*

Full post as published by Fourth Amendment on December 11, 2008 (boomark / email).

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