NYT: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars

NYT: Why Police Can Stop Motorists With Air Fresheners Hanging in Their Cars by Mike Baker and Nicholas Bogel-Burroughs (“In a majority of states it is illegal to hang anything from a rearview mirror that obscures a driver’s view. Critics say the laws are often used as pretexts.”)

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W.D.Pa.: Generic motion to suppress denied

Defendant’s general motion to suppress is denied. United States v. Knox, 2021 U.S. Dist. LEXIS 72716 (W.D. Pa. Apr. 15, 2021).

“In short, when viewing this evidence in the light most favorable to appellant, reasonable minds could only conclude that the force used by Trooper Doebrich in arresting appellant under the facts and circumstances of this case was reasonable and not excessive. Therefore, we find the trial court did not err by granting OSHP’s motion for summary judgment pursuant to Civ.R. 56(C) and dismissing appellant’s action. Accordingly, we overrule appellant’s sole assignment of error.” Pankey v. Ohio State Highway Patrol, 2021-Ohio-1317, 2021 Ohio App. LEXIS 1284 (10th Cir. Apr. 15, 2021).*

Defendant didn’t properly move to suppress but the case is remanded for other reasons, and he’ll get to do it again. Green v. Commonwealth, 2021 Va. LEXIS 36 (Apr. 15, 2021) (interesting dissent).*

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D.N.M.: Detention hearing argument that there were “dispositive” 4A issues goes nowhere

Defendant’s argument responding to his detention order that there are significant potentially “dispositive” Fourth Amendment issues falls on deaf ears. United States v. Silguero, 2021 U.S. Dist. LEXIS 72565 (D.N.M. Apr. 15, 2021).*

Rodriguez complied with: “The information that Kilpela developed during the ordinary incidents of the traffic stop was more than sufficient to provide reasonable suspicion that Sanchez was involved in drug trafficking.” United States v. Sanchez, 2021 U.S. App. LEXIS 10761 (9th Cir. Apr. 15, 2021).*

Defendant’s Franks proffer failed. There were 17 paragraphs of probable cause, and the challenged portion, removed from the affidavit, doesn’t undermine the probable cause. State v. Thorpe, 2021-Ohio-1295 (8th Dist. Apr. 14, 2021).*

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CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

The inaccuracies in the search warrant the officer sought weren’t enough to misidentify the place to be searched. Therefore, defendants didn’t violate clearly established law. Hill v. County of Benewah, 2021 U.S. App. LEXIS 10781 (9th Cir. Apr. 15, 2021).*

The handcuffing of the minor plaintiff objectively was not unreasonable or excessive. M. M. v. County of San Mateo, 2021 U.S. App. LEXIS 10771 (9th Cir. Apr. 15, 2021).*

Plaintiff’s statute of limitations for false arrest began to run when he was released on bail. Heter v. City of Hutchinson, 2021 U.S. App. LEXIS 10788 (10th Cir. Apr. 15, 2021).*

Reasonable suspicion is all that’s required for a search of a person on supervised release. United States v. Pope, 2021 U.S. App. LEXIS 10751 (6th Cir. Apr. 13, 2021).*

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M.D.Pa.: Franks hearing denied for speculation on what video evidence might show

Defendant doesn’t get a Franks hearing that the officer knew or should have known that his CI actually went into defendant’s apartment based on video surveillance that allegedly would disprove it. He doesn’t show that the video shows what he claims and it’s conclusive enough on the question. United States v. Deshields, 2021 U.S. Dist. LEXIS 71691 (M.D. Pa. Apr. 14, 2021).

The state’s appeal of suppression of defendant’s medical records obtained by subpoena and not a search warrant is denied where it would not lead to uniformity in the law. State v. Kirchner, 2021 Ark. LEXIS 76 (Apr. 15, 2021).*

On a tracking warrant for an escapee: “The Court finds that these facts, in total, are sufficient to support a finding of probable cause. … The Court also finds that the judicial officer issuing the tracking warrant had a substantial basis for concluding that a search would uncover evidence of wrongdoing, namely Martin’s alleged escape from custody. … [¶] Furthermore, the location data is nevertheless admissible under the good-faith exception. …” United States v. Martin, 2021 U.S. Dist. LEXIS 72477 (D. Minn. Apr. 15, 2021).*

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AR: One can’t change 4A argument from trial court to appeal

Defendant’s oral motion to suppress was presented and denied. On appeal, defendant changed the specifics of the argument, and it’s not considered as presented. Saffel v. State, 2021 Ark. App. LEXIS 176 (Apr. 14, 2021).

The officer’s stop of defendant’s motorbike for alleged noncompliant ground lighting was reasonable. United States v. Smith, 2021 U.S. App. LEXIS 10664 (5rh Cir. Apr. 14, 2021).*

Accosting defendant on the street and accusing him of having a gun on him was without reasonable suspicion. Making him reveal his waistband and then frisking him was unreasonable. Golden v. United States, 2021 D.C. App. LEXIS 100 (Apr. 15, 2021).*

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CA4: Def had burden on GFE, and he failed

Assuming without deciding the probable cause question, defendant fails to prove that the good faith exception should not be applied. United States v. Parrish, 2021 U.S. App. LEXIS 10533 (4th Cir. Apr. 13, 2021).

The officer had probable cause to stop defendant for gambling on the street, and the search incident of his person revealed a gun. People v. White, 2021 IL App (1st) 191095, 2021 Ill. App. LEXIS 176 (Apr. 13, 2021).*

The officers didn’t show any authority to seize defendant before he fled. Even if they had, his flight showed no seizure occurred. Flight made reasonable suspicion. United States v. Pigford, 2021 U.S. Dist. LEXIS 71644 (E.D. Pa. Apr. 14, 2021).*

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TX: Fire Dept called for police after discovery of drugs and guns; SW based on initial observations valid, narcotics officer’s later observations stricken but leaving PC

The Fire Department responded to a kitchen fire in defendant’s apartment, and they saw drugs, paraphernalia, and firearms inside. They called the police for a safety check. The officer responding didn’t know about their seeing drugs when he first arrived. His entry was still within the exigency of the immediate aftermath of the fire. The first officer called a narcotics officer who came, made observations, and then got a search warrant. The court of appeals holding that the officer would “stand in the shoes of the firefighters” is rejected. The drug officer’s entry was not in response to the fire. Her observations are stricken from the search warrant affidavit, and the remainder leaves probable cause for the search warrant based on the first officer’s observations. Martin v. State, 2021 Tex. Crim. App. LEXIS 330 (Apr. 14, 2021), rev’g Martin v. State, 576 S.W.3d 818 (Tex. App.—Fort Worth 2019).

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WaPo: The FBI wanted to unlock the San Bernardino shooter’s iPhone. It turned to a little-known Australian firm

WaPo: The FBI wanted to unlock the San Bernardino shooter’s iPhone. It turned to a little-known Australian firm by Ellen Nakashima and Reed Albergotti (“Azimuth unlocked the iPhone at the center of an epic legal battle between the FBI and Apple. Now, Apple is suing the company co-founded by one of the hackers behind the unlock.”)

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EFF Objects to Un-Warranted Police DNA Searches

EFF: EFF Objects to Un-Warranted Police DNA Searches by Eric Weiss (“The Electronic Frontier Foundation is arguing that law enforcement officers should not be able to collect someone’s DNA or perform searches in a consumer-facing genealogy database without first obtaining a proper warrant. The organization makes the claim in an amicus brief in the Iowa Supreme Court, which was filed in conjunction with the ACLU and the ACLU of Iowa.”)

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MT: Jury instructions on police negligence adequately explained const’l tort theory

The estate’s theory of police negligence was submitted to the jury and it adequately explained plaintiff’s constitutional tort theory. The defense relied on community caretaking function. The jury found the entry reasonable leading to the use of deadly force, and it found for the defense. Affirmed. Estate of Frazier v. Miller, 2021 MT 85, 2021 Mont. LEXIS 350 (Apr. 13, 2021).*

Under all the circumstances, pointing a Taser at plaintiff and then pushing him to the ground was reasonable force. Cunningham v. State Dep’t of State Police, 2021 U.S. App. LEXIS 10524 (6th Cir. Apr. 12, 2021).*

The video showed the force used was proportionate to need, and, thus, not excessive. Hutcheson v. Dallas County, 2021 U.S. App. LEXIS 10418 (5th Cir. Apr. 12, 2021).*

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E.D.Mo.: Mistaken identity stop was reasonable and led to plain view

The mistaken identity stop of defendant was reasonable on the totality, and, when a blunt fell to the ground, there was probable cause to go further. United States v. Smith, 2021 U.S. Dist. LEXIS 71223 (E.D. Mo. Mar. 26, 2021).

The government showed probable cause and particularity in seeking geolocation information on defendant’s cell phone for the day of a robbery to see if it put him there. United States v. Sanders, 2021 U.S. Dist. LEXIS 70948 (W.D. N.C. Apr. 13, 2021).*

Defendant in his 2254 challenges CSLI but that issue was addressed on direct appeal. Nelson v. Payne, 2021 U.S. Dist. LEXIS 71196 (E.D. Mo. Apr. 13, 2021).*

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D.Alaska: Military authorized seizure of electronic devices valid despite entry into room

The military search of defendant’s electronic devices was reasonable and done under a valid search authorization. The fact they were in his room did not prohibit entry to retrieve them. United States v. Basey, 2021 U.S. Dist. LEXIS 70988 (D. Alaska Apr. 13, 2021).

“As to Mr. Taylor’s Fourth Amendment claim, the jurisdiction of the Claims Court ‘is limited to cases in which the Constitution or a federal statute requires the payment of money damages as compensation for their violation.’ Brown v. United States, 105 F.3d 621, 623 (Fed. Cir. 1997) (emphasis added). Because ‘the Fourth Amendment does not mandate the payment of money for its violation,’ the Claims Court does not have jurisdiction over Fourth Amendment claims. Id.” Taylor v. United States, 2021 U.S. App. LEXIS 10504 (Fed. Cir. Apr. 13, 2021).

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N.D.Iowa: 27 month delay in seeking SW for cell phone was unreasonable, and GFE not applied

A 27 month delay in getting a search warrant for defendant’s cell phone was unreasonable, and the good faith exception is not applied. United States v. Tu Anh Nguyen, 2021 U.S. Dist. LEXIS 70671 (N.D. Iowa Mar. 16, 2021):

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The Detroit News: Lawsuit: Man suffered ‘great harm’ after wrongful arrest based on Detroit’s facial recognition technology

The Detroit News: Lawsuit: Man suffered ‘great harm’ after wrongful arrest based on Detroit’s facial recognition technology by George Hunter (“Attorneys representing a Farmington Hills man filed a federal lawsuit Tuesday seeking undisclosed damages from the city, its police chief and a Detroit police detective for ‘the grave harm caused by the misuse of, and reliance upon, facial recognition technology.’”). Predication? Dismissed: Qualified immunity for lack of clearly established law. Regretfully.

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E.D.Pa.: Use of flashlight on backseat of car at night not a search

Stopping defendant, the officer walked up and shined his flashlight on the backseat of the car seeing two guns. That was not an unreasonable search, and on the totality there was otherwise reasonable suspicion. United States v. Spruell, 2021 U.S. Dist. LEXIS 69789 (E.D. Pa. Apr. 12, 2021).*

“[T]he Fourth Amendment was not implicated during Cloud’s encounter with police on April 7, because he never acquiesced (passively or otherwise) to a show of authority. Further, even assuming that Cloud acquiesced to a show of authority, there was a reasonable articulable suspicion to support the seizure in order to investigate who owned the firearm that Officer Jenkins observed.” United States v. Cloud, 2021 U.S. App. LEXIS 10379 (4th Cir. Apr. 12, 2021).*

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OH5: Dog was called two minutes into stop of RV and it didn’t prolong the stop

Defendant’s RV was stopped for crossing the center line, and a drug dog was called within two minutes, arriving shortly thereafter. Waiting for and using the dog did not delay the stop, and the Fourth Amendment was not violated. State v. Turpin, 2021-Ohio-1251, 2021 Ohio App. LEXIS 1241 (5th Dist. Apr. 9, 2021).

“Although the Court agrees that the Fourth Amendment does not permit officers to prolong a traffic stop in order to establish reasonable suspicion to conduct a dog sniff, here, the Court finds the officers had reasonable suspicion to conduct the dog sniff from the outset based upon their months-long investigation of Tuschoff and could prolong the traffic stop if required.” United States v. Mahan, 2021 U.S. Dist. LEXIS 69690 (D. Idaho Apr. 9, 2021).*

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M.D.Fla.: No 4A protection for non-citizen stopped by CG at sea

A non-citizen on an unflagged boat at sea off Florida had no protection of the Fourth Amendment from a Coast Guard stop. In addition, the stop was based on reasonable suspicion merely from observation. United States v. Perez, 2021 U.S. Dist. LEXIS 69761 (M.D. Fla. Apr. 12, 2021):

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E.D.N.C.: When there is RS, officers do not need to rule out innocent explanations

Where there is reasonable suspicion to pull over and keep a driver detained, the officer need not rule out innocent explanations for defendant’s conduct. United States v. Smith, 2021 U.S. Dist. LEXIS 69687 (E.D. N.C. Mar. 17, 2021):

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WV: Emergency order of protection was not functional equivalent of SW for entry into home

Officers with an emergency order of protection used it to enter defendant’s house and seize firearms. The protections of the Fourth Amendment and the state constitution are greater. The order was not, then, the functional equivalent of a warrant, and the seizure of the marijuana in his criminal case should have been suppressed. State v. Snyder, 2021 W. Va. LEXIS 154 (Apr. 8, 2021).

Defendant’s swerving to avoid a temporary patch in the road was still reasonable suspicion for a stop under the court’s reading of the state traffic code. Alternatively, there was probable cause for the stop and search under the automobile exception. United States v. Garcia, 2021 U.S. App. LEXIS 10264 (4th Cir. Apr. 9, 2021).*

Officers had probable cause by collective knowledge for the automobile exception for searching defendant’s vehicle. United States v. Lopez, 2021 U.S. Dist. LEXIS 69589 (N.D. Tex. Apr. 9, 2021).*

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