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D.Me.: Search of residence as a condition of bail in a state case was reasonable

By John Wesley Hall, Jr.

Search of defendant’s house after his arrest outside his house for violation of bail, the search authorized as a condition of bail, was reasonable. United States v. Gates, 2008 U.S. Dist. LEXIS 102989 (D. Maine December 19, 2008), citing State v. Ullring, 1999 ME 183, PP 26-27, 741 A.2d 1063, 1073 (1999). Defendant walking away from the police knelt down and hid a gun under a block in an alley. He had no reasonable expectation of privacy where he left the gun. The officer could see the gun sticking out from under the block, too. United States v. Harris, 2008 U.S. Dist. LEXIS 102976 (D. Del. December 22, 2008).* Court finds that there was no traffic violation from a purported license plate light being out to justify the stop. United States v...continue to full post

Full post as published by Fourth Amendment on December 24, 2008 (boomark / email).