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Criminal Law

: Fourth Amendment

WA: Leaving known drug house at 3:20 am after 2 minute visit is RS

By John Wesley Hall, Jr.

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Visiting a known drug house at 3:20 am for two minutes was reasonable suspicion for stopping the defendant leaving. State v. Doughty, 2009 Wash. App. LEXIS 288 (February 5, 2009).* Wyoming declines to adopt a greater standard for a trash search than Greenwood. Barekman v. State, 2009 WY 13, 2009 Wyo. LEXIS 14 (February 5, 2009): While he certainly had an expectation of privacy in his trash when it was inside his property, out of public view, we are not persuaded that expectation was reasonable once he placed it out on the curb for pickup. A majority of state courts have reached this conclusion under their own constitutions. Although probationers have more limited expectations of privacy than do free citizens, law enforcement's ability to search probationers is not unlimited...continue to full post

Full post as published by Fourth Amendment on February 09, 2009 (boomark / email).

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