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WI: Consent form language ?any letters, writings, paper, materials, or other property? included the home computer.

By John Wesley Hall, Jr.

Consent form language “any letters, writings, paper, materials, or other property” included the home computer. “[C]lairvoyance cannot be expected of police officers to know in what form a defendant may maintain his records.” Commonwealth v. McDermott, 448 Mass. 750, 864 N.E.2d 471, 488-89 (Mass. 2007). State v. Jensen, 2010 Wisc. App. LEXIS 1062 (December 29, 2010). Defendant’s stop near the border was without reasonable suspicion, and his motion to suppress is granted. All of the factors of reasonable suspicion were innocuous, including driving carefully. United States v. Hernandez-Lopez, 2010 U.S. Dist. LEXIS 137161 (D. N.M. December 7, 2010).* The trial court erroneously granted the motion to suppress here because the officer going up the driveway was not required to have reasonable suspicion nor close his eyes to what he saw...continue to full post

Full post as published by Fourth Amendment on January 02, 2011 (boomark / email).