Snippets

USPO’s delivery guarantee creates no constitutional possessory interest in a package in transit:  The post office delivery guarantee does not create a constitutional possessory interest such that US Postal Inspectors could delay a package in Juneau, Alaska for a dog sniff and a search warrant to open it before delivery. United States v. Jefferson, 2009 U.S. App. LEXIS 11169 (9th Cir. May 26, 2009).

Overbroad search warrant was general warrant exposing officer to civil liability:  A search warrant for any evidence of crime was unconstitutionally overbroad and not limited by the affidavit. Severance was not possible. Cassady v. Goering, 07-1092 (10th Cir. May 28, 2009).  This case has value on what might lead to a successful challenge for overbreadth in a search warrant.

Extreme nervousness, lying about activities, and shaking hands was reasonable suspicion. Thayer v. State, 2009 Ind. App. LEXIS 841 (April 24, 2009).  I posted on the issue of general nervousness about being confronted by the police other day.  The facts of Thayer are consistent.  In Thayer there were other statements and objective indicators to suggest to the police that the accused was more than just a nervous innocent citizen.

Courtesy of FourthAmendment blog.

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