Author Archives: Hall

CA5: Forthwith SDT of doctor’s office could state 4A claim

A forthwith subpoena duces tecum to gather medical records in a doctor’s office by the Texas Medical Board with the DEA in tow appears to state a Fourth Amendment claim here for the subpoena being used for criminal investigative purposes, … Continue reading

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E.D.N.C.: Driveway isn’t always curtilage under Collins

Defendant’s driveway was not enough curtilage to make it unreasonable for the police to come on the driveway and look at his car. It wasn’t covered, and there was a road and open field right next to it. United States … Continue reading

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D.S.C.: Officers weren’t familiar with inventory policy and didn’t follow it; suppressed

There was an inventory policy, but the police were unfamiliar with it and didn’t follow it. “[T]he Court finds that the inventory search of Defendant’s vehicle by the Andrews Police Department was not conducted pursuant to any specific criteria, much … Continue reading

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KS: Inquiry to resolve an alleged emergency was reasonable, but extending detention to check warrants was unreasonable even under Strieff

Officers extending a safety check once the person was found to be fine just to see if there were warrants on the person went beyond the basis for the detention and was unreasonable. When the suspected emergency was resolved, the … Continue reading

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CA6: Handcuffing too tight overcame QI

Plaintiff stated a claim that overcame qualified immunity that she was handcuffed too tight causing injury. Ouza v. City of Dearborn Heights, 2020 U.S. App. LEXIS 24679 (6th Cir. Aug. 5, 2020).* 2255 petitioner’s Fourth Amendment claim is barred by … Continue reading

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AK: Omission was maybe reckless but PC on the remainder

The officer’s omission of the CI’s criminal charges from the affidavit for the search warrant was reckless at worst, but the totality of the affidavit showed the CI’s potential motives for providing information. Moreover, there was probable cause even without … Continue reading

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D.Mont.: Officer had something at least close to RS to investigate def as a probation violator and there was no bad faith or flagrantly unreasonable action

If the officer didn’t have reasonable suspicion defendant was a probation violator, he had something really close to it. Also, nothing about the officer’s investigation was flagrant or in bad faith. United States v. Galliher, 2020 U.S. Dist. LEXIS 140901 … Continue reading

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CA11: Duplex driveway here wasn’t curtilage

The district court did not err in finding defendant’s driveway of a duplex was not curtilage under the Dunn factors in light of Collins. United States v. Stephen, 2020 U.S. App. LEXIS 24803 (11th Cir. Aug. 6, 2020):

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CA8: Ptf’s takedown was reasonable for his not responding to commands

Plaintiff was taken down because he didn’t properly respond to commands, and he suffered facial injuries. He was, however, so intoxicated and couldn’t remember what happened. He was also Tased. It was all reasonable based on what the officer was … Continue reading

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Massachusetts holds long term pole camera surveillance of one’s home can violate REP and state constitution

Long term surveillance of defendant’s homes with pole cameras wasn’t a Fourth Amendment violation but it could violate the Massachusetts Constitution. Two defendants show a reasonable expectation of privacy under a “mosaic theory” which has been recognized in Massachusetts. Remanded … Continue reading

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CA10: Parolee’s § 1983 claim he was wrongfully arrested on parole doesn’t state a claim because he’s always “in custody”

Plaintiff’s claim that he was unreasonably arrested for a parole violation before actually getting on parole is rejected because a parolee is still in custody no matter what. “Similarly, there is no authority to support Mr. Neilsen’s argument that an … Continue reading

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D.Mass.: Six week delay between PC of one drug possession made SW stale; no GFE here

The six week delay between the probable cause and the issuance of the search warrant for one drug possession was stale, and no reasonable officer could have concluded there was. Therefore, the good faith exception doesn’t apply. United States v. … Continue reading

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HPPR: Class Action Suit Over Recorded Calls At Leavenworth Prison Settles For $3.7 Million

HPPR: Class Action Suit Over Recorded Calls At Leavenworth Prison Settles For $3.7 Million by Dan Margolies:

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NM: Calls to murder victim’s cell phone just before murder was PC to get CSLI on the phone

A shooting victim made and received cell phone calls to his phone and the calls were not in the contacts list 30 minutes before the victim was found dead. This was probable cause for data about that caller including the … Continue reading

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S.D.Miss.: QI has to be applied but it should be overruled (updated)

Plaintiff’s claim that he was wrongfully stopped and searched, finding nothing, and had his newly acquired car torn apart on the side of the road still led to the officer getting qualified immunity. This case is an historical and practical … Continue reading

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TX14: There has to be a fact dispute to get an art. 38.23(a) jury instruction on legality of search

“‘To raise a disputed fact issue warranting an article 38.23(a) jury instruction, there must be some affirmative evidence that puts the existence of that fact into question.’ Madden, 242 S.W.3d at 513. In other words, a cross examiner cannot create … Continue reading

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