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Criminal Law

: Fourth Amendment

RI: Thermal imaging warrant was not stale and was issued with PC

By John Wesley Hall, Jr.

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The thermal imaging warrant in this case was issued with probable cause based on a tip that defendant had an indoor grow operation. All the information was not stale because the tip corroborated other information that made the activity continuing and entrenched. The search warrant was based on the product of the thermal imaging, and it was valid, too. State v. Barton, 2010 R.I. Super. LEXIS 62 (April 7, 2010).* The dog sniff in this case was within five minutes of the stop, and it was based on reasonable suspicion from the defendant’s heaving breathing and excessive nervousness, not making eye contact, and suspicious travel story. United States v. Mohamed, 2010 U.S. App. LEXIS 7516 (8th Cir. April 13, 2010).* Defendant was found to be an overnight guest where he answered the police knock at the door in his shorts and a t-shirt, having just woke up...continue to full post

Full post as published by Fourth Amendment on April 15, 2010 (boomark / email).

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