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An arrest for trespass at a housing project did not justify a search incident and seizure of the bicycle the defendant was riding. It wasn’t an offense for which there would be evidence. Commonwealth v. Holloway, 2012 Mass. App. LEXIS 162 (March 30, 2012).

Defendant was stopped for suspicion of DUI and his car was searched without a warrant in violation of the state constitution. While the officer did all that he normally could, there is no good faith exception in Washington, and the search should have been suppressed. State v. Tamblyn, 2012 Wash. App. LEXIS 695 (March 20, 2012).*

In an appeal dismissed for lack of a dispositive question, the court added: “Defendant has failed to cite controlling authority, and we have found none, to support his assertion that ‘proof of actual attempts by law enforcement officers to obtain a lawful warrant must be placed on the record before the court may find that exigent circumstances exist.’” State v. Lands, 2012 Tenn. Crim. App. LEXIS 203 (March 29, 2012)

Defendant was visiting a house that was searched under a warrant. His car was in the garage and searched too. It was reasonable for the police to believe that the car in the garage was subject to search with the premises. United States v. Powell, 2012 U.S. Dist. LEXIS 43866 (S.D. W.Va. March 29, 2012):

The scope of a warrant to search an entire property or premises "includes automobiles on the property or premises that are owned by or are under the dominion and control of the premises owner or which reasonably appear to be so controlled." United States v. Patterson, 278 F.3d 315, 318 (4th Cir. 2002). Defendant argues that the searched vehicle at 228 North Queens Court could not have reasonably appeared to be owned or controlled by the owner of the searched property, James Meeks, because the searching officers were aware that the vehicle was registered to someone other than Meeks.

The Court disagrees. Although the vehicle was not registered to Meeks, it could still reasonably appear to be controlled by him, because it was within his attached garage. Courts have long considered attached garages to be part of the home. See Taylor v. United States, 286 U.S. 1, 6 (1932) (warrantless search of garage violated Fourth Amendment); ....

Police were called to an on-the-street argument and saw defendant and a woman. Defendant was questioned by the police, and his speech was slurred and he refused to remove his hands from his pockets. He was arrested for public intoxication and convicted. The police did not need reasonable suspicion to talk to him. Woodson v. State, 2012 Ind. App. LEXIS 140 (March 29, 2012).*

NEW YORK (AP) -- When the 1940 census records are released Monday, Verla Morris can consider herself a part of living history....

WASHINGTON (AP) -- Flying is getting better. Honest....

MIAMI (AP) -- When Burger King set about to fix its ailing empire, the fast food giant started by scrutinizing everything on the menu - even the mayonnaise....

PolitiFact Florida: Are lawmakers protected by First Amendment against drug testing? by Katie Sanders:

Miami Herald columnist Carl Hiaasen torched Florida lawmakers for passing a drug-testing bill for state workers that excluded one class of government employees: the elected officials who passed the law.

Hiaasen took particular issue with the proposal's House sponsor Rep. Jimmie Smith, a Republican from Lecanto, and his explanation why the law excludes Gov. Rick Scott and legislators.

"It was found to be unconstitutional to drug test elected officials because it prevents us, as citizens, from having that First Amendment right," Smith said.

Smith's defense is novel — and wrong, it turns out.

Not just wrong: Off the wall. A de jure "speech and debate" defense to drug testing? Come on: That doesn't even pass the laugh test.

Volokh Conspiracy: Magistrate Judge Rejects Mosaic Theory of Fourth Amendment For Cell-Site Information by Orin Kerr:

I have posted the short opinion (dated March 23) from Magistrate Judge Collings of the District of Massachusetts here. It largely adopts the reasoning of United States v. Graham from the District of Maryland, which I blogged about here. In my view, Judge Collings was correct to issue the order without probable cause for a second reason: The Fourth Amendment questions are not yet ripe for review, as I argue in this amicus brief I filed recently in the Fifth Circuit.

SAN DIEGO (AP) -- A federal judge sentenced drug kingpin Benjamin Arellano Felix on Monday to 25 years in prison for leading one of the world's most powerful cartels for more than a decade before the ring was crippled by his arrest....

SAN DIEGO (AP) -- Benjamin Arellano Felix seemed to get off easy considering he was one of the world's most powerful drug traffickers in the 1990s. He pleaded guilty in January to crimes that would give him no more than 25 years in prison - a lighter punishment than ordered for lower-ranking members of his once-mighty, Tijuana-based cartel....

ALBUQUERQUE, N.M. (AP) -- Up mountainsides, through deserts and the wildest of rugged terrain, there was little that could break the serenity or solitude of Micah True as he ran. Only, perhaps, the pounding beat of his heart or the rhythm of his feet as they hit the trail, mile after mile after mile....

ALBUQUERQUE, N.M. (AP) -- Up mountainsides, through deserts and the wildest of rugged terrain, there was little that could break the serenity or solitude of Micah True as he ran. Only, perhaps, the pounding beat of his heart or the rhythm of his feet as they hit the trail, mile after mile after mile....

There was little surprise when Taylor Swift won entertainer of the year at The Academy of Country Awards on Sunday night - except maybe in how little surprise the 22-year-old sensation showed when her name was called....

SAN FRANCISCO (AP) -- Two injured British sailors who were rescued from a yacht hit by a monster wave while participating in an around-the-world race were expected to reach San Francisco Bay on U.S. Coast Guard cutter Monday morning....

KANSAS CITY, Mo. (AP) -- Authorities are investigating the cause of a motor home crash that killed 5 people from a Minnesota family and sent 13 others to hospitals....

LUFKIN, Texas (AP) -- A Texas nurse convicted of killing five kidney dialysis patients by injecting them with bleach faces a possible death sentence as jurors begin deliberating her punishment....

MIAMI (AP) -- When Burger King set about to fix its ailing empire, the fast food giant started by scrutinizing everything on the menu - even the mayonnaise....

WASHINGTON (AP) -- Air travelers who have endured lost bags, delayed flights, lousy service and getting bumped from full planes might want to scream at the entire airline industry. But flying actually is getting better, when measured by these benchmarks, say private researchers who have analyzed federal data on airline performance....

SAN FRANCISCO (AP) -- The U.S. Coast Guard rescued two injured British sailors off the California coast Sunday from a yacht that was hit by a monster wave while participating in an around-the-world race....

KANSAS CITY, Mo. (AP) -- A motor home packed with a Minnesota family and a handful of their friends crashed Sunday morning in northeast Kansas as they returned from a vacation, killing five people and sending 13 others to hospitals....

A day after seven members of a Michigan-based Christian militia were acquitted after some spent two years in jail on charges of trying to overthrow the government, people who watched their trial said the federal case against them was flawed.

Jack Kay, a professor of communication at Eastern Michigan University ...