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Brandan J. Davies
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SEARCHES
WHAT IS THE DIFFERENCE BETWEEN AN “INVESTIGATORY STOP” AND A “WELFARE CHECK”?
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IF TWO PEOPLE LIVE AT A HOME AND ONE PERSON CONSENT TO A SEARCH OF THE HOME IF THE OTHER DOES NOT CONSENT?
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WHEN DOES A POLICE SEARCH EXCEED THE SCOPE OF A SEARCH WARRANT?
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CAN A STATE PROSECUTOR USE EVIDENCE THAT POLICE OBTAINED THROUGH AN UNLAWFUL SEARCH?
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CAN THE POLICE SEARCH YOUR TRASH IF LEFT BY THE CURB?
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CAN THE PROSECUTION USE DNA TAKEN FROM AN ARRESTEE WITHOUT CONSENT OR A WARRANT?
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IF AN OFFICER SEARCHES YOU INCIDENT TO A LAWFUL ARREST HOW FAR DOES THAT EXTEND?
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IS IT UNLAWFUL FOR POLICE TO SEARCH MORE ITEMS WITHIN A PARTICULAR CONTAINER AFTER A PRIVATE SEARCH WAS CONDUCTED?
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IF A PRIVATE PARTY SEARCHES PROPERTY AND FINDS EVIDENCE OF A CRIME THEN TURNS IT OVER TO THE POLICE, MUST THE POLICE STILL GET A SEARCH WARRANT?
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CAN EVIDENCE BE USED IN COURT THAT WAS DISCOVERED AFTER A PROLONGED DETENTION?
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WHEN DOES A “SEARCH” OCCUR FOR 4TH AMENDMENT PURPOSES?
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WHEN MAY A SCHOOL OFFICIAL CONDUCT A SEARCH OF A STUDENT AND WHAT IS THE PERMISSIBLE SCOPE OF THAT SEARCH?
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CAN A POLICE OFFICER SEARCH A PERSON’S RESIDENCE WITHOUT A WARRANT IF THEY ARE ARRESTED INSIDE THE HOME?
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WHAT HAPPENS IF A PERSON CONSENTS TO A SEARCH OF THEIR PROPERTY BUT THAT CONSENT IS NOT FREELY AND VOLUNTARILY GIVEN?
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CAN A POLICE OFFICER SEARCH A CELL PHONE AS PART OF A SEARCH INCIDENT TO LAWFUL ARREST?
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WHEN, IF EVER, ARE A BRIEF DETAINMENT AND A LIMITED, PAT-DOWN SEARCH PERMISSIBLE WITHOUT A WARRANT?
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DOES THE COURT HAVE TO SUPPRESS EVIDENCE THAT IS ILLEGALLY SEIZED BY LAW ENFORCEMENT?
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CAN AN OFFICER USE THE “PLAIN VIEW” EXCEPTION TO SEIZE EVIDENCE UNRELATED TO THE EXECUTION OF A WARRANT WHERE THE ITEMS SEIZED ARE NOT IMMEDIATELY APPARENT TO BE CONTRABAND?
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DOES INSTALLING A GPS TRACKING DEVICE ON A CAR CONSTITUTE A SEARCH UNDER THE FOURTH AMENDMENT?
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CAN PRIOR PERMISSION TO ENTER PREMISES BE USED AS AUTHORIZATION FOR SUBSEQUENT ENTRANCES AFTER BEING TOLD TO LEAVE?
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