Vol. 39 No. 8 OFFICER’S USE OF PAROLEE’S THUMB TO ACCESS HIS CELLPHONE DID NOT RENDER THE SEARCH UNREASONABLE UNDER THE FOURTH AMENDMENT NOR VIOLATE HIS FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION
In United States v. Payne,[1] the Ninth Circuit Court of Appeals affirmed the denial of a parolee’s motion to suppress evidence. The Court concluded that an officer’s use of a parolee’s fingerprint to unlock the parolee’s phone did not violate his constitutional rights under the circumstances presented and the parole conditions applicable here. Background In […]
Vol. 39 No. 9 DEFENDANT’S PRESENCE IN HIGH CRIME AREA AND SEEMINGLY ODD BEHAVIOR AFTER SPOTTING POLICE DID NOT JUSTIFY REASONABLE SUSPICION OF CRIMINAL ACTIVITY
In People v. Flores,[1] a defendant initially tried to avoid being seen by police officers, subsequently failed to acknowledge the officers’ approach, and sought to avoid interacting with them. The Supreme Court of California held that the defendant’s behavior, along with his presence in a high crime area at night, were insufficient to provide reasonable […]