NC: DL, LPN, and insurance checkpoint was reasonable

The Saint Pauls NC police department set up a two hour checkpoint to stop all cars to check for “violations of license, registration, and insurance requirements.” Defendant was stopped and asked for his DL but he didn’t have one. The smell of burnt marijuana was obvious. When it was done, he was arrested for felon in possession of a firearm. The checkpoint was held to have a proper programmatic purpose even for license checks, and it was reasonable. State v. White, 2026 N.C. App. LEXIS 17 (Jan. 7, 2026):

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MA: Arguing a “reddish-brown substance” could be a bunch of things and not possibly blood was “amounts to the type of ‘hypercritical analysis’ that is improper when reviewing search warrant affidavits”

The search warrant for defendant’s place for evidence of a murder showed nexus and probable cause including his car (because of distance to the homicide) and laptop (communicating with the victim). It was reasonable for the magistrate to conclude that “a reddish-brown stain” in his room was blood. He argued it “‘could be attributed to a multitude of substances’ and that treating it as blood reflects ‘an obvious confirmation bias.’ We disagree. The defendant’s argument amounts to the type of ‘hypercritical analysis’ that is improper when reviewing search warrant affidavits (citation omitted). … Read as a whole and with reasonable inferences, the reddish-brown stain was not simply found in the bedroom of a random teenager, but in the bedroom of the last person to see the victim alive — someone who also (1) met with the victim outside that bedroom shortly before her abandoned car was discovered, and (2) made efforts to hide the victim’s visit. The inference that the stain was blood was both reasonable and possible. See Gentile, 437 Mass. at 577 (seizure of defendant’s clothing was supported by probable cause where, inter alia, police observed stain believed to be blood on his pants).” Commonwealth v. Fujita, 2026 Mass. LEXIS 3 (Jan. 8, 2026).

iPhone warrant wasn’t too overbroad. “The warrant at issue here did not authorize officers to engage in an exploratory rummaging; rather, they were only authorized to search for evidence related to the drug crimes set forth in the warrant and accompanying application. The warrant includes broad language but does not amount to a blank grant to search the contents of the phone for ‘all data’ contained within it as Gamon alleges.” United States v. Gamon, 2026 U.S. Dist. LEXIS 2409 (M.D. Pa. Jan. 7, 2026).*

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TX13: Student’s surreptitious recording of school resource officer planning to plant evidence violated no REP

Defendant was a school resource officer who wanted to search a class room for a vape. The students were all ordered out of the class. One left her phone on record and captured the officer finding the vape and then discussing with the school official he was with about planting it in a potentially innocent person’s backpack. He got arrested for that. He claimed that the recording violated the state wiretap statute and the private search provision of Texas law. The court finds that the officer had no reasonable expectation of privacy in what he was doing. It wasn’t his room, someone else was present, and, among other things, he was performing his law enforcement function for a public purpose. The suppression order is reversed. State v. Gonzalez, 2026 Tex. App. LEXIS 129 (Tex. App. – Corpus Christi-Edinburg Jan. 8, 2026):

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404 Media: Inside ICE’s Tool to Monitor Phones in Entire Neighborhoods

404 Media: Inside ICE’s Tool to Monitor Phones in Entire Neighborhoods by Joseph Cox (“A social media and phone surveillance system ICE bought access to is designed to monitor a city neighborhood or block for mobile phones, track the movements of those devices and their owners over time, and follow them from their places of work to home or other locations, according to material that describes how the system works obtained by 404 Media. Commercial location data, in this case acquired from hundreds of millions of phones via a company called Penlink, can be queried without a warrant, according to an internal ICE legal analysis shared with 404 Media. The purchase comes squarely during ICE’s mass deportation effort and continued crackdown on protected speech, alarming civil liberties experts and raising questions on what exactly ICE will use the surveillance system for.”)

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Iowa declines to reject Mimms or Wilson under the state constitution on ordering occupants out of the car

Iowa declines to reject Mimms or Wilson under the state constitution on ordering occupants out of the car. State v. Willer, 2026 Iowa App. LEXIS 46 (Jan. 7, 2026):

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ID: Time on seized video was erroneous and it was within particularity of SW

The search warrant for a GoPro video was valid based on the time of the search shown on the video being erroneous. Practical accuracy is the touchstone, and the correct time could be reconstructed. The warrant was particular. State v. Jacobson, 2026 Ida. App. LEXIS 2 (Jan. 7, 2026).

2254 petitioner still had a full and fair opportunity to litigate his Fourth Amendment claim in state court. He complains that the video of the search wasn’t allowed into evidence, and that was sufficient error. He had the right to appeal that ruling in state court and did. The video is here in habeas and it doesn’t help him. Anderson v. Forshey, 2026 U.S. Dist. LEXIS 1526 (S.D. Ohio Jan. 6, 2026).*

Plaintiff was already incarcerated when an arrest warrant was served on him in another case. He wasn’t seized from that warrant. Blankenbaker v. Longmire, 2026 U.S. Dist. LEXIS 1556 (W.D. Va. Jan. 6, 2026).*

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N.D.N.Y.: Def’s immigration arrest was unreasonable and the product is suppressed

Defendant’s immigration arrest was unreasonable and the product is suppressed. United States v. Juarez-Lopez, 2025 U.S. Dist. LEXIS 269401 (N.D.N.Y. Dec. 18, 2025)*:

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D.S.C.: Alleged unauthorized officers executing SW under state law not a 4A violation

Plaintiff’s claim unauthorized officers executed the search warrant under state law isn’t a Fourth Amendment violation. Richard v. Jeffcoat, 2026 U.S. Dist. LEXIS 1512 (D.S.C. Jan. 5, 2026).

Based on the search warrant, “The government may not disclose [at trial] what was being searched for other than weapons, unless Staples opens the door to such items.” United States v. Staples, 2026 U.S. Dist. LEXIS 1397 (D. Nev. Jan. 5, 2026).*

Officers broke in to defendant’s apartment when no one came to the door. Inside he was briefly handcuffed then unhandcuffed. He was told he was not under arrest and didn’t have to answer any questions. He mentioned “provoking a lawyer.” But, “Defendant’s conduct on the video is compelling evidence that his subsequent waiver was knowing. During this exchange with S.A. Chacon, Defendant pauses for approximately eight seconds and only then begins to talk to the agents about Jane Doe #1 and the case against him.” United States v. McLeod, 2025 U.S. Dist. LEXIS 269315 (E.D.N.Y. Dec. 12, 2025).*

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WI: Interlock device from 2008 BAC refusal proper civil penalty

Refusal of a BAC can legitimately have civil consequences without violating the Fourth Amendment per Birchfield. Here it was a 2008 refusal that led to an interlock in 2013 that was recently violated. State v. Sparby-Duncan, 2026 Wisc. App. LEXIS 4 (Jan. 6, 2026).

Appellant claims fraud on the court in its criminal judgment against him seeking to recall the mandate. But he only alleges he seeks an ineffective assistance of counsel claim for a Fourth Amendment violation. There is no allegation of fraud. United States v. Flack, 2026 U.S. App. LEXIS 229 (6th Cir. Jan. 5, 2026).*

Plaintiff’s 1983 complaint for false statements in a warrant application fails F.R.C.P. 8 for failing to plead any facts at all. Carr v. Baranek, 2026 U.S. Dist. LEXIS 1293 (E.D. Wis. Jan. 6, 2026).*

In this forfeiture case, this party has no standing superior to the person from whom it was taken. United States v. Yu-Chieh Huang, 2026 U.S. Dist. LEXIS 1500 (E.D. Mo. Jan. 5, 2026).*

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CA9: In school seizure of plaintiff’s cell phone for 30 minutes was not unreasonable

In school seizure of plaintiff’s cell phone for 30 minutes was not unreasonable and “not excessively intrusive.” McGuire v. Roseville Joint Union High Sch. Dist., 2026 U.S. App. LEXIS 172 (9th Cir. Jan. 6, 2026).

“Valdivia counters that [the officer’s] inability to articulate a specific crime he suspected had been, or was about to be, committed means he lacked reasonable and articulable suspicion. … Even if Porsch was required to identify a specific crime, he did so here.” Valdivia v. Porsch, 2026 U.S. App. LEXIS 158 (8th Cir. Jan. 6, 2026).*

The search warrant for this video security system produced records showing that video files, likely of a shooting, had been deleted. Simandl v. Commonwealth, 2026 Va. App. LEXIS 15 (Jan. 6, 2026) (unpublished).*

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CA10: A search incident to arrest isn’t valid when there’s no arrest

A search incident to arrest isn’t valid when there’s no arrest. The law is clearly established, so no qualified immunity. Montgomery v. Cruz, 2026 U.S. App. LEXIS 161 (10th Cir. Jan. 6, 2026).

The defense succeeded in a Franks challenge in the trial court, and the state appealed. Reversed. At worst, the officer was merely negligent in looking up defendant’s prior convictions in a law enforcement database where defendant’s prior expunged conviction was shown. “I agree with the State that Spencer failed to prove by a preponderance of the evidence that Deputy Ruvalcaba recklessly disregarded the truth when he identified the 2008 Missouri felony conviction and sought confirmation of the same with the county attorney without conducting any further investigation.” The officer also contacted the county attorney, but not Missouri. State v. Spencer, 2026 Neb. App. LEXIS 4 (Jan. 6, 2026) (unpublished).*

A false statement that diverted the FBI from getting a warrant in NJ for a cell phone was sufficient for venue in NYC. United States v. Whitehead, 2026 U.S. App. LEXIS 167 (2d Cir. Jan. 6, 2026).*

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S.D.Cal.: Notebook of passwords was within the scope of a CSAM warrant

During a child pornography warranted search, officers found a notebook of passwords, and it was within the scope of the warrant. United States v. Lira-Prado, 2026 U.S. Dist. LEXIS 982 (S.D. Cal. Jan. 5, 2026).

One child pornography warrant led to another. The court does not find prosecutorial vindictiveness in the process. United States v. Bennett, 2026 U.S. Dist. LEXIS 966 (W.D. Pa. Jan. 5, 2026).*

Appellant’s argument at his trial over a shooting was lack of probable cause with the trial court considering information outside the affidavit for the warrant. On appeal he argued that the execution of the search warrant went beyond the scope of search for firearms, and they seized drugs, too. That issue is unpreserved. Kelly v. State, 2026 Tex. App. LEXIS 24 (Tex. App. – Houston (14th Dist.) Jan. 6, 2026) (unpublished).*

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E.D.Mich.: Defense can’t use SCA to get emails, even if they’re exculpatory

Only a governmental entity gets to use the Stored Communications Act to get emails. The defense can’t do it seeking even alleged exculpatory emails. Perry v. Silverthon, 2026 U.S. Dist. LEXIS 828 (E.D. Mich. Jan. 5, 2026).

“Single-incident liability ‘is generally reserved for those cases in which the government actor was provided no training whatsoever.’ … Hankins also may not manufacture a failure-to-train claim based on his own particular injury. …” Hankins v. Martin, 2026 U.S. App. LEXIS 128 (5th Cir. Jan. 5, 2026).*

In a tax preparation fraud case, defendant “also suggests that the volume of evidence seized—‘75 bankers’ boxes of physical records, 46 physical devices, and 82,554 data files from three email accounts’—highlights ‘the lack of clear instructions’ in the warrants.” The warrant was sufficiently particular for five years worth of records and probable cause was shown for them. United States v. Manavalan, 2026 U.S. Dist. LEXIS 953 (W.D. Wash. Jan. 5, 2026).*

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Sixth edition arrived today

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S.D.N.Y.: Investigative medical exams implicate 4A

“The Fourth Amendment is implicated when medical examinations are undertaken at the initiative of a state official for an investigatory purpose. See Tenenbaum v. Williams, 193 F.3d 581, 606 (2d Cir. 1999) (holding that the Fourth Amendment applies to ‘searches and seizures,’ including medical examinations, ‘made in the course of child abuse investigations’). Investigative medical examinations conducted without parental consent or judicial authorization violate the Constitution unless ‘reasonable or probable cause or exigent circumstances justifying an emergency examination’ existed at the time the examination was performed.” McInnis v. City of N.Y., 2025 U.S. Dist. LEXIS 269192 (S.D.N.Y. Dec. 19, 2025).

Defendant’s Franks claim is denied as conclusory and lacking any allegation of prejudice. United States v. Boyle, 2026 U.S. Dist. LEXIS 318 (E.D. Pa. Jan. 5, 2026).*

Crossing the fog line generally supports a stop in this circuit. United States v. Seakor, 2026 U.S. Dist. LEXIS 879 (D.S.D. Jan. 2, 2026).*

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OH5: Ohio recognizes Groh incorporation by reference for particularity

Ohio recognizes Groh incorporation by reference for particularity. State v. Starcher, 2026-Ohio-15, 2026 Ohio App. LEXIS 11 (5th Dist. Jan. 6, 2026).

In a civil case, the reference to Fourth Amendment was a typo for Fourteenth. It will be considered the Fourteenth. Eleveld v. Ill. Dep’t of Children & Family Servs., 2026 U.S. Dist. LEXIS 659 (N.D. Ill. Jan. 5, 2026).*

The federal suit over plaintiff’s November 2025 arrest is barred by Younger. If there’s an excessive force complaint, file it separately. Ellis v. Rivaslariosa, 2026 U.S. Dist. LEXIS 727 (S.D. Fla. Jan. 5, 2026).*

The dashcam came on after the traffic violation so it’s not shown on the video, and the video can’t be relied upon to discount the USMJ’s findings. United States v. Seakor, 2026 U.S. Dist. LEXIS 879 (D.S.D. Jan. 2, 2026).*

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D.N.J.: Someone doesn’t have to be home to execute a SW

It isn’t a proper Fourth Amendment challenge for a warrant not to be executed because no one is home. Rodriguez-Ferreira v. Sweeney, 2026 U.S. Dist. LEXIS 560 (D.N.J. Jan. 5, 2026).

Defense counsel objected to the search warrant twice on Franks grounds and lost. It wasn’t ineffective assistance of counsel to not do it a third time. United States v. Boyle, 2026 U.S. Dist. LEXIS 318 (E.D. Pa. Jan. 5, 2026).*

2254 petitioner’s two search claims (tracking warrant and search of house) are barred by Stone. Hill v. Heath, 2026 U.S. Dist. LEXIS 443 (N.D. Ohio Jan. 5, 2026).*

Defense counsel wasn’t ineffective for not moving to suppress text messages from his phone. First, the case he relies on was decided four years after his trial. Second, it wasn’t prejudicial. Cummings v. Guerrero, 2026 U.S. Dist. LEXIS 505 (W.D. Tex. Jan. 5, 2026).*

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WSJ: How Judges Are Using AI to Help Decide Your Legal Dispute

WSJ: How Judges Are Using AI to Help Decide Your Legal Dispute by Erin Mulvaney (“The technology is helping summarize legal filings, prepare for hearings and map out decisions”):

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TN: Not objecting to SW affidavit at trial here not IAC; it fit defense theory

Defense counsel didn’t object to the search warrant and application coming into evidence in the state’s case because it fit within the defense theory, despite being full of hearsay, assuming defendant would testify, as he said he would. Then he was a no show for the rest of the trial. Not ineffective assistance of counsel. And, even if it was, no prejudice. Stinnett v. State, 2026 Tenn. Crim. App. LEXIS 2 (Jan. 5, 2026). {I had an AUSA try that at a trial over my objection that it would be reversible error [said to the AUSA, not the judge]. When it was apparent it was coming in, I changed strategy to avoid that and did. Full of hearsay, but no one seemed to care since it was the defense objecting.}

“Here, the search warrant permitted investigators to search Gibson’s hotel room.” They did. It was within the scope of search permitted. United States v. Gibson, 2026 U.S. Dist. LEXIS 55 (N.D. Ohio Jan. 2, 2026).*

The video from the book-in area seems to contradict the officers’ reports on use of force. Qualified immunity denied for now. Lovell v. Clermont Cty. Sheriff’s Office, 2026 U.S. Dist. LEXIS 123 (S.D. Ohio Jan. 2, 2026).*

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D.Mass.: Five prior surveilled deliveries led to anticipatory warrant

Five packages from Puerto Rico arrived at defendant’s apartment building for fictitious tenants in 303 and 404. After they were left in the alcove, defendant was seen to remove them to his apartment, 901. The sixth package had a positive dog alert. An anticipatory warrant was sought for 901 where it was expected to be moved, and it was based on probable cause. The scope of search included a safe in the apartment. United States v. Marsden, 2026 U.S. Dist. LEXIS 217 (D. Mass. Jan. 3, 2026).*

Officers were looking for defendant, and they saw him. He took off running. He had a red and black backpack. The officer lost him in the brush cover. A little later they found him without the backpack. It was objectively reasonable to believe it had been abandoned when it was found. United States v. Hatfield, 2026 U.S. Dist. LEXIS 25 (E.D. Ky. Jan. 2, 2026).*

2254 petitioner’s search and seizure claim was decided on adequate and independent state grounds below with default, and Stone would apply in any event. Rivera v. Kopp, 2026 U.S. Dist. LEXIS 170 (E.D.N.Y. Jan. 2, 2026).*

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