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Whitehead v. Fagan
Ruled qualified voters under the constitution’s initiative provision do not include voters with inactive registration and thus whose signatures may not count on initiative petitions
State v. McCarthy
Overruled per se exigency exception to constitution’s warrant requirements, held state must prove exigent circumstances actually existed at the time of the seizure or search of defendant’s vehicle
State v. Sargent
Ruled police questioning about conditions of defendant’s pretrial release exceeded the permissible scope of a traffic stop and was an unlawful seizure
Commonwealth v. Barr
Ruled that odor of marijuana alone does not amount to probable cause to conduct a warrantless search of a vehicle under the state constitution
State v. Smith
Ruled defendant’s failure to stop for a minor traffic violation did not create an exigency for a warrantless search after defendant invoked his right to privacy in his driveway
Florida Supreme Court Allows DeSantis to Undermine Prosecutorial Independence
Lawmakers and other officials in multiple states seek to limit the power of or remove elected prosecutors whose policy choices they disagree with.
States in ‘Lockstep’ with the Fourth Amendment May Not Be Locked
Some states have handcuffed their citizens’ constitutional search and seizure protections to the federal standard — but they still hold the keys to going their own way.
In re Interest of Y.W.-B.
Ruled state’s protection against unreasonable searches applies to searches conducted in civil child neglect proceedings and no exception exists without consent or exigent circumstances
Commonwealth v. Talley
Ruled trial court may constitutionally deny bail if state proffers evidence under a substantially more likely than not standard that an accused is nonbailable
Commonwealth v. Sweeting-Bailey
Dissents wrote that majority's view that police reasonably suspected that the defendant was armed based on companion’s behavior allows for encroachment on right to be free from unreasonable search and seizure
