CA5: Even if parole search was to aid criminal investigation, it was still reasonable

Even if defendant’s parole search was in aid of a criminal investigation, it was still reasonable. United States v. Barron, 2024 U.S. App. LEXIS 6336 (5th Cir. Mar. 15, 2024).

A warrant after a shooting showed no probable cause for going in the house. The shooting victim was found outside, and a protective sweep saw nothing: no victims, no blood, no weapons. “That Robinson was shot may suggest a crime has occurred, but the lack of information in the affidavit may not be able to support an inference that the shooting took place inside the home, or that evidence related to the shooting would be found in the home. When officers found Robinson, he was already outside his home and when they conducted their protective sweep, they found no evidence of a shooter, blood, or a weapon inside the house. Thus, the fact that Robinson was lying outside his house may be insufficient to support probable cause to search inside the house. Moreover, that a neighbor heard arguing coming from the property cannot, by itself, establish probable cause. Raised voices alone, without more information regarding the words spoken, particularly if there is a question whether the voices came from inside the house, cannot create probable cause to search a home. Lastly, Inv. Johnson’s statement that people who have been charged for narcotics in the past are likely to keep narcotics in their homes does not create probable cause. Such assumptions have been found insufficient for the much lower standard necessary for reasonable suspicion. See United States v. Black, 707 F.3d 531, 540-41 (4th Cir. 2013) (‘Fourth, with respect to the officers’ “Rule of Two” or “one-plus rule,” we would abdicate our judicial role if we took law enforcement-created rules as sufficient to establish reasonable suspicion.’). The Court, therefore, concludes that the allegation that Robinson’s father slammed and locked the door as the officers attempted to secure the residence is material.” United States v. Robinson, 2024 U.S. Dist. LEXIS 46640 (W.D.N.C. Mar. 15, 2024).*

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IN: Cell phone linked to murder by TM sent before; PC for search

Defendant’s cell phone was linked to the murder by a witness saying that the meet was set up by text messages and more. Banks v. State, 2024 Ind. App. LEXIS 66 (Mar. 15, 2024):

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C.D.Cal.: Inquiry into actions of others besides the officers involved in search is a new Bivens claim and barred

“Second, the type of evidence necessary to prove Plaintiffs’ case differs from Bivens. Bivens required only an inquiry into the actions of arresting officers. Meanwhile, Plaintiffs challenge the propriety of Zellhart’s warrant application and special search procedures, requiring the Court to delve ‘into evidence before numerous decisionmakers,’ including the agents themselves and the magistrate judge. … In this manner, Plaintiffs’ claim requires ‘fact-checking and conscience-probing’ that poses a great ‘risk of intruding on the investigatory and prosecutorial functions of the executive branch.’ [¶] For these reasons, the Court concludes that Plaintiffs’ claim presents meaningful differences from the claim in Bivens, and thus presents a new context for the doctrine. The Court next determines whether special factors counsel hesitation in creating a new Bivens claim.” Pearsons v. United States, 2024 U.S. Dist. LEXIS 46514 (C.D. Cal. Mar. 14, 2024).

Plaintiff stated a claim for relief that he was the wrong man arrested. Spriestersbach v. Hawaii, 2024 U.S. Dist. LEXIS 45948 (D. Haw. Mar. 15, 2024).*

“The fact that the officer did not believe that he had probable cause to stop defendant until defendant committed a Vehicle and Traffic Law violation is of no moment. ‘Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis’ (Whren v United States, 517 US 806, 813 [1996]; ….” People v. Williams, 2024 NY Slip Op 01389 (4th Dept. Mar. 15, 2024).*

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D.Minn.: Regular CI had “extensive knowledge of street gangs, firearms, and narcotics distribution”; there was PC

The CI had “extensive knowledge of street gangs, firearms, and narcotics distribution,” and he’d been providing information for three months. The officers corroborated what they could. What little omissions there were in the affidavit weren’t material to the finding of probable cause. United States v. Cage, 2024 U.S. Dist. LEXIS 45847 (D. Minn. Mar. 15, 2024).*

Plaintiff’s unlawful detention suit loses to summary judgment because he didn’t respond to requests for admissions. “Because the undisputed facts establish that Lt. Bernklau did not fabricate evidence that would result in Conant’s unlawful pretrial detention, Lt. Bernklau is entitled to summary judgment on Conant’s claim.” Conant v. Bernklau, 2024 U.S. Dist. LEXIS 45892 (E.D. Wis. Mar. 14, 2024).*

No claim under Fourth Amendment, ADA, Title VII, or due process clause. Time barred; wrong venue. Emrit v. Grammy Awards on CBS, 2024 U.S. Dist. LEXIS 46489 (D. Wyo. Feb. 9, 2024).* [Why is this case still going on?]

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Stopping defendant a few blocks from his home when police were there executing a drug search warrant was for officer safety and reasonable. State v. Harrell, 2024-Ohio-981, 2024 Ohio App. LEXIS 918 (2d Dist. Mar. 15, 2024). [I remember a time when officers timed the raid to get the offender at home. And they did this even after officers and civilians dying. See, e.g., Green v. State, 330 Ark. 458, 956 S.W.2d 849 (1997).]

Defendant’s post-guilty plea motion to reconsider denial of his suppression motion is denied as mooted by the plea. United States v. Wilburn, 2024 U.S. Dist. LEXIS 46455 (E.D.N.Y. Mar. 15, 2024).*

Defendant’s parole search waiver condition was based on Maine law that ruined the least restrictive means. The search was valid. United States v. Gerrish, 2024 U.S. App. LEXIS 6275 (1st Cir. Mar. 15, 2024).*

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Daily Beast: The Creepy and Unconstitutional Government Database of Newborn Babies’ DNA

Daily Beast: The Creepy and Unconstitutional Government Database of Newborn Babies’ DNA by Daryl James & Brian Morris:

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CA2: Supervised release search condition not adequately addressed on the record

“We conclude that the ‘special needs’ doctrine of the Fourth Amendment permits, when sufficiently supported by the record, the imposition of a special condition of supervised release that allows the probation officer to conduct a suspicionless search of the defendant’s person, property, vehicle, place of residence, or any other property under his or her control. However, the district court exceeded its discretion in imposing that special condition here because it failed to make the individualized assessment required to support the special condition under 18 U.S.C. § 3583(d), including a sufficient explanation as to how the condition is reasonably related in this particular case to the applicable statutory factors under 18 U.S.C. § 3553(a) and involves no greater deprivation of liberty than is reasonably necessary under those factors.” United States v. Oliveras, 2024 U.S. App. LEXIS 6226 (2d Cir. Mar. 15, 2024).

Around midnight, two officers in a cruiser saw Albert Jackson alone in a parked car. They pulled alongside, close enough so Jackson would have to squeeze to get out. One officer went to Jackson’s side of the car, while the other walked to Jackson’s passenger side. Both shined flashlights on Jackson. By boxing in and surrounding Jackson, the officers’ actions meant a reasonable person in his position would not feel free to leave. [¶] The officers explained why they took these steps. Jackson was wearing a ‘big bulky jacket’ on a ‘hot’ and ‘humid’ night. He ‘was seated kind of awkwardly in the driver’s seat.’ And when they approached in the dark and shined flashlights on him, he looked ‘uncomfortable and kind of nervous,’ ‘like he was surprised to see us.’ [Well, yeah.] The officers’ stated observations did not suggest criminal activity might be afoot. Jackson’s detention violated the Fourth Amendment.” People v. Jackson, 2024 Cal. App. LEXIS 185 (2d Dist. Mar. 15, 2024).*

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D.C.Cir.: The sealing of SW for def’s Facebook account has no bearing on reversibility of the conviction; release pending appeal denied

Release pending appeal denied. “Fourth, Ballenger has not shown that her arguments regarding the sealing of documents obtained under the search warrant for her Facebook account present a substantial question as to, or had any material impact on, the validity of her conviction under § 5104(e)(2)(D).” And it was one of four counts. United States v. Ballenger, 2024 U.S. App. LEXIS 6288 (D.C. Cir. Mar. 15, 2024).*

Shooting plaintiff with a less than lethal round during a domestic disturbance hostage situation was reasonable. Plaintiff had locked himself in a bathroom and was ready to fight. Ochoa v. Cty. of Kern, 2024 U.S. App. LEXIS 6235 (9th Cir. Mar. 15, 2024).* (Considering the lethality of many domestic situations, he’s lucky.)

There was no reasonable expectation of privacy in a parking lot where defendant threw a gun in flight from police. They gave chase to a vehicle the subject of a BOLO for a police shooting. (Defendant was cleared of any role in the shooting.) United States v. Brooks, 2024 U.S. Dist. LEXIS 45765 (D. Md. Mar. 14, 2024).*

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GA: SW for marijuana supported plain view seizure of firearms, ammunition, and body armor

Police had a search warrant for marijuana. “[E]ven if the seizure of the firearms, ammunition, and body armor is not within the scope of the warrant, we agree with the State that law enforcement was authorized to seize these items under the plain-view doctrine.” Kennedy v. State, 2024 Ga. App. LEXIS 138 (Mar. 15, 2024).*

In one stop, defendant was stopped for four traffic offenses in a rental car not rented to him. “During the course of the stop, the troopers observed totes and boxes of electronics stacked from floor to ceiling inside the vehicle. When the troopers asked Campbell about the electronics, he denied any knowledge about them and told the troopers to speak to his uncle, whom he identified as Ferguson.” A new license plate was found in the rental car, too. The decision to tow and inventory the car was within the inventory policy and was reasonable. Defendant was convicted in a conspiracy to transport stolen Walmart goods across state lines. United States v. Ferguson, 2024 U.S. App. LEXIS 6196 (6th Cir. Mar. 13, 2024).*

The state’s possession of a cell phone doesn’t give it the authority to search it without a warrant. And, the amount of time it takes to search it depends on the case (password protected; TMI). People v. Banks, 2024 NY Slip Op 24077 (N.Y. Co. Mar. 14, 2024).*

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WA: Brief detention on no bail FTA warrant wasn’t unreasonable where there was a PC determination within 48 hours

A no bail bench warrant for FTA wasn’t unreasonable because a probable cause determination was made within 48 hours. State v. Clare, 2024 Wash. App. LEXIS 462 (Mar. 12, 2024).

Defendant’s search incident occurred before the arrest. To be lawful, there had to be probable cause and the arrest occur shortly thereafter. The suppression order isn’t clear on this, but the trial testimony supports the trial court’s conclusion. The trial testimony could be considered to support the search. State v. Martin, 2024 Kan. LEXIS 33 (Mar. 15, 2024).*

Defendant’s appeal of denial of a motion for summary judgment on qualified immunity was dismissed because there are fact questions for trial. Jok v. City of Burlington, 2024 U.S. App. LEXIS 6229 (2d Cir. Mar. 15, 2024).*

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C.D.Cal.: Police missing target and shooting innocent bystander is a 4A seizure, but with QI

Shooting at a suspect and hitting an innocent bystander is a Fourth Amendment seizure under Brower and Torres, but it gets qualified immunity. Larocca v. City of L.A., 2024 U.S. Dist. LEXIS 45650 (C.D. Cal. Mar. 14, 2024):

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NYTimes: Does Having a Gun Make a Person Suspicious? Courts Aren’t Sure Now.

NYTimes: Does Having a Gun Make a Person Suspicious? Courts Aren’t Sure Now. by Karen Zraick (“A U.S. Supreme Court ruling that could allow more New Yorkers to carry guns is raising thorny questions and has jeopardized at least one case so far.”):

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D.R.I.: SW affidavit that failed to incorporate what it said it was failed to show PC and thus no GFE

The affidavit for warrant was supposed to incorporate by attaching other stuff. The officer swore to it, but the stuff wasn’t there. The good faith exception is denied because it remained bare bones. United States v. Medina, 2024 U.S. Dist. LEXIS 45414 (D.R.I. Mar. 12, 2024).

There was a substantial basis for concluding defendant possessed a concealed firearm while he was a fugitive. The question is not whether there actually was probable cause; instead it’s whether there’s a basis for concluding that there was. United States v. Smith, 2024 U.S. Dist. LEXIS 45419 (W.D. Pa. Mar. 14, 2024).*

“Feathers also alleges that he ‘suffered from discriminatory and unlawful treatment in violation of the Takings, Due Process, and Equal Protection Clauses of the United States Constitution and Bill of Rights.’ Dkt. 1 ¶ 11; see also id. (‘Plaintiff’s claim is governed by the Fourth, Fifth, and other possible Amendments to the United States Constitution and the Bill of Rights which may be applicable’). There are no facts to establish any plausible constitutional violation under this open-ended laundry list of constitutional provisions.” Feathers v. United States SEC, 2024 U.S. Dist. LEXIS 45470 (N.D. Cal. Mar. 14, 2024).*

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D.P.R.: Alleged false GJ testimony as an alleged 4A violation rejected as new Bivens ground

“Plaintiff grounds his Bivens cause of action in an allegation that Garay, a CBP officer, violated his Fourth Amendment rights by procuring his indictment based on supposedly intentional false testimony in which Garay stated that Plaintiff knowingly possessed and transported false documents. In evaluating Plaintiff’s claim, the Court applies the two-step analytical process as articulated in Ziglar and re-stated in Egbert.” This is a new Bivens context and the case is dismissed. Sánchez-Jiménez v. United States, 2024 U.S. Dist. LEXIS 44744 (D.P.R. Mar. 6, 2024).

A common 2255 ground rejected: “As set forth in detail above, Williams has implied but failed to demonstrate that his guilty plea was improperly induced, involuntary, or unintelligently given. Williams does not allege in his motion or supporting brief that his counsel’s withdrawal of the suppression motion and alleged failure to investigate the confidential informant rendered his guilty plea unknowing or involuntary. Thus, Williams’ claims of ineffective assistance of counsel based on his attorney’s alleged failure to conduct an adequate pretrial investigation and withdrawal of the suppression motion are waived.” Williams v. United States, 2024 U.S. Dist. LEXIS 45303 (S.D. Ala. Feb. 15, 2024).*

Fleeing on foot from a vehicle is a loss of any reasonable expectation of privacy in it. United States v. Holmes, 2024 U.S. App. LEXIS 6085 (8th Cir. Mar. 14, 2024).*

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E.D.Mo.: Strip search of civilly committed patient refusing pat search was reasonable and with QI

Plaintiff was strip searched when civilly committed when she refused to permit a pat search. “Considering all the circumstances described in Plaintiff’s Complaint, the search Plaintiff underwent, though surely unpleasant, was not unreasonable. “But even if the Court concluded the search was unreasonable–that the search violated the Fourth Amendment–Plaintiff’s Fourth Amendment claim still would be subject to dismissal because Defendants are entitled to qualified immunity on the claim.” McSean v. Chamberlain, 2024 U.S. Dist. LEXIS 45018 (E.D. Mo. Mar. 1, 2024).

Pro se plaintiff’s complaint about the town seizing his intellectual property fails on appeal for failure to properly address it. Even so, it appears there was no reasonable expectation of privacy in how he handed it over. Regalado v. Town of Trion, 2024 U.S. App. LEXIS 6148 (11th Cir. Mar. 14, 2024).*

Plaintiff doesn’t show that warrantless interviews of her children at school violated the Fourth Amendment. State statute permits this. May v. Dorchester Sch. Dist. Two, 2024 S.C. App. LEXIS 22 (Mar. 13, 2024).*

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TN: Even if search occurred before SW issued, affidavit mentions nothing of it; thus independent source

Defendant claimed that his place was warrantlessly searched before the search warrant for it was issued. Doesn’t matter: The affidavit for the warrant shows probable cause and never mentions a prior search. State v. Quinn, 2024 Tenn. Crim. App. LEXIS 113 (Mar. 13, 2024).

Defendant is a doctor who arranged a hit on the dark web that British authorities alerted the FBI to. His Fourth Amendment claim in his 2255 is barred. United States v. Ilg, 2024 U.S. Dist. LEXIS 44751 (E.D. Wash. Mar. 13, 2024).*

“Based on our in camera review of the unredacted search warrant application and the minutes of the examination of the confidential informant by the issuing court, we find that there was probable cause to issue the warrant ….” People v. Coleman, 2024 NY Slip Op 01350, 2024 N.Y. App. Div. LEXIS 1351 (1st Dept. Mar. 14, 2024).*

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The Appeal: Forty-Six States Paid for Violent, Racist Police Training. We Should Ban Pretextual Stops Instead.

The Appeal: Forty-Six States Paid for Violent, Racist Police Training. We Should Ban Pretextual Stops Instead. by Shirley LaVarco (“For decades, we’ve been told police officers just need training and resources to do their jobs correctly. These items, including cultural sensitivity training, implicit bias training, de-escalation training, and so on, cost billions every year. But we know from the senseless killings of Tyre Nichols, Sandra Bland, Philando Castile, and many others that no amount of training or resources will stop police from killing Black and brown people. Nor will it ensure that police treat people with dignity and respect. Worse still, the ‘training’ that cops already receive often glorifies violence, reinforces racist ideas, and is taught by officers with histories of misconduct.”)

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D.N.M.: No GFE for a Franks violation

Defendant met his Franks burden and showed a false statement in the affidavit for search warrant that was material to the probable cause finding. The statement was from the chief to the affiant. Finally, there is no good faith exception for a Franks violation. United States v. Norton, 2024 U.S. Dist. LEXIS 44720 (D.N.M. Mar. 12, 2024).

The use of the word “certainty” in an affidavit for search warrant that was somewhat overstated is not a Franks violation. United States v. Clanton, 2024 U.S. Dist. LEXIS 43518 (E.D.N.Y. Mar. 12, 2024).

Suppression order affirmed. There simply were no facts showing probable cause for this search warrant. State v. Garcia, 2024 Tex. App. LEXIS 1813 (Tex. App. – Dallas Mar. 13, 2024).*

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PA: With PC, moving a car to a police location for a SW was reasonable

Probable cause was developed on the streets for search of defendant’s car for drug evidence when officers saw him take money, return to the car, get something small, and return to the payor, twice. Removing the car to a different location for obtaining and executing a search warrant for it was reasonable. Suppression order reversed. Commonwealth v. Floyd, 2024 PA Super 44, 2024 Pa. Super. LEXIS 87 (Mar. 13, 2024).

Defendant’s comments and nervous movements justified the officer in conducting a patdown. Brummett v. State, 2024 Ind. App. LEXIS 61 (Mar. 12, 2024).*

A replevin action for return of property resulted in summary judgment for the state. Reversed; the summary judgment procedure wasn’t complied with. Laramore v. Jacobsen, 2024 Mo. App. LEXIS 156 (Mar. 12, 2024).*

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CA6: The state’s violation of a prison policy doesn’t make a 4A claim

Plaintiff inmate “cannot state a claim for a violation of prison policy because prison policy directives are insufficient to create a liberty interest under the Fourth Amendment. See Olim v. Wakinekona, 461 U.S. 238, 250-51 (1983); ….” IFP motion denied. Pann v. Hadden, 2024 U.S. App. LEXIS 5832 (6th Cir. Mar. 11, 2024).

Habeas petitioner’s direct Fourth Amendment attack on his conviction is barred by Stone. Sutton v. Royce, 2024 U.S. Dist. LEXIS 43483 (E.D.N.Y. Mar. 12, 2024).* (Stone was decided in 1976, nearly 50 years ago, and this still comes up nearly everyday.)

The officers’ subjective intent about the arrest are irrelevant when there is probable cause. Marriott v. Persing, 2024 U.S. App. LEXIS 5964 (6th Cir. Mar. 11, 2024).*

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