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WI: Leaving a file folder in a courthouse hallway was a loss of the REP

By John Wesley Hall, Jr.

A broken gun magazine seen as defendant was exiting his car during a traffic stop justified a frisk for the gun. State v. O'Neal, 2009 La. App. LEXIS 497 (2d Cir. April 8, 2009).* Search incident to a warrant arrest during a traffic stop was justified. State v. Munoz, 2009 Ida. App. LEXIS 22 (March 25, 2009).* Defendant was told that a search warrant had been issued for his house and it was on its way, and defendant admitted the officers. The conversation occurred outside and away from the house. People v. Shultis, 2009 NY Slip Op 2687, 2009 N.Y. App. Div. LEXIS 2671 (3d Dept. April 9, 2009).* Defendant process server lost any reasonable expectation of privacy in papers in left in a file folder in a courthouse hallway on a bench which were picked up to determine whom they belonged to...continue to full post

Full post as published by Fourth Amendment on April 13, 2009 (boomark / email).