Filed October 30, 2015
(Terry, supra, 392 U.S.at p. 20.) Put more plainly, a search “is good or bad whenit starts... .” (United States v. Di Re (1948) 332 U.S. 581, 595 [68 S.Ct. 222, 92 L.Ed. 210].) This makessense, since a Fourth Amendmentviolation “‘is ‘fully accomplished’ at the time of an unreasonable governmentalintrusion.
Filed April 1, 2004
In relying upon A/C Newsham’s account, Chief Ramsey was not presented with a “Government informer [who] single[d] out the guilty person.’” See Pringle,124 S.Ct. at 801 (quoting Di Re, 332 U.S. at 594). Just the contrary was true.
Filed November 18, 2014
In law it is good or bad when it starts and does not change character from its success.” United 23 States v. Di Re, 332 U.S. 581, 595 (1948). To authorize a search as “incident to arrest” when the arrest is in fact prompted by the fruits of the search is a dangerous fiction that the courts have consistently, and rightly, refused to entertain.