Author Archives: Hall

MT: Welfare check of car was reasonable, but extending it was without RS

The officer was justified in a welfare check of defendant sleeping in his car, but it never developed into reasonable suspicion. The stop was unreasonably extended. State v. Zeimer, 2022 MT 96, 2022 Mont. LEXIS 479 (May 24, 2022). A … Continue reading

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OH12: Dog alert on car and def’s person didn’t justify strip search

There was reasonable suspicion for and continuing defendant’s stop. A dog sniff was permitted. The dog’s alert, however, didn’t permit a strip search of defendant. It did permit a search of the person. State v. Owensby, 2022-Ohio-1702, 2022 Ohio App. … Continue reading

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ID: Not unreasonable to check wants and warrants on passenger during a traffic stop

“This appeal arises out of a traffic stop where a single officer, without having reasonable suspicion that a crime involving the passenger was afoot, checked the passenger for outstanding warrants. The officer used her patrol vehicle’s computer and received a … Continue reading

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CA6: A minimal showing of nexus is enough for GFE even where PC is lacking

The affidavit failed to show probable cause. There was a minimal showing of nexus. That’s enough here for the good faith exception. United States v. Helton, 2022 U.S. App. LEXIS 13943 (6th Cir. May 24, 2022):

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CA9: Mandated GPS tracking of e-scooters not 4A violation

The City of Los Angeles e-scooter ordinance requires the scooters to have GPS and provide real time tracking information. This is classic third-party data, and there is no reasonable expectation of privacy of scooter users in that information. Sanchez v. … Continue reading

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MI directs its CoA to consider application of exclusionary rule in zoning case

The Michigan Supreme Court remanded Long Lake Twp. v. Maxon, 2021 Mich. App. LEXIS 1819 (Mar. 18, 2021) (posted here) to determine below whether the exclusionary rule should apply in a zoning case. Long Lake Twp. v. Maxon, 2022 Mich. … Continue reading

Posted in Exclusionary rule, Mail and packages, Prison and jail searches, Reasonable suspicion, Subpoenas / Nat'l Security Letters | Comments Off on MI directs its CoA to consider application of exclusionary rule in zoning case

E.D.Cal.: Inmate has no standing in a contraband cell phone

A person in prison has no standing to contest a wiretap on a contraband cell phone. United States v. Yandell, 2022 U.S. Dist. LEXIS 91166 (E.D.Cal. May 20, 2022). “The facts of this case indicate that [Officer] Leitzen, while conducting … Continue reading

Posted in Plain view, feel, smell, Prison and jail searches, Reasonable suspicion | Comments Off on E.D.Cal.: Inmate has no standing in a contraband cell phone

D.Idaho: Broad conclusory motions to suppress should be summarily denied

Broad conclusory motions to suppress should be summarily denied. “The Government and the Court had no warning that Munguia-Lopez was going to challenge his own stop at the hearing. This Court does not look favorably on counsel filing motions with … Continue reading

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E.D.Mich.: Def had standing in his brother’s garage where only they had keys and it was used for business purposes

The warrantless search of defendant’s brother’s garage where both had keys and defendant kept things from their construction business was unreasonable. Defendant had standing because it was used for business purposes, and he did not have to spend the night … Continue reading

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RI: Commercial fishing is a “closely regulated industry” and a vessel’s monitoring system could be examined

Commercial fishing is a closely regulated industry. “Appellant also had a sea scallop permit, requiring the vessel to have a vessel monitoring system (VMS), which transmits global positioning system (GPS) coordinates every half hour to the National Marine Fisheries Service.” … Continue reading

Posted in Administrative search, Dog sniff, Ineffective assistance, Reasonable suspicion, Reasonableness | Comments Off on RI: Commercial fishing is a “closely regulated industry” and a vessel’s monitoring system could be examined

WaPo: Florida sheriff’s deputy uses Taser at gas station, setting man on fire

WaPo: Florida sheriff’s deputy uses Taser at gas station, setting man on fire by Lindsey Bever (“A Florida sheriff’s deputy is facing a criminal charge after using a Taser near gasoline, igniting a fire that severely burned a 26-year-old suspect … Continue reading

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NJ: Alleged third party consenter had no apparent authority

The third-party consent here was invalid because there was no reason to believe they had apparent authority. State v. Marcellus, 2022 N.J. Super. LEXIS 69 (May 18, 2022). The vehicle safety checkpoint was set up with a valid programmatic purpose, … Continue reading

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S.D.W.Va.: If you leave a cell phone in someone else’s car, you risk it getting searched

When one leaves his cell phone in a car, he or she assumes the risk that the phone will be found by the police and searched. United States v. Hagy, 2022 U.S. Dist. LEXIS 89437 (S.D.W.Va. May 18, 2022). “They … Continue reading

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D.Minn.: Tracking warrant issued without PC, but GFE still applied

There was no probable cause for the tracking warrant for defendant. But, it was not so lacking in probable cause that the good faith exception does not apply. United States v. Escudero, 2022 U.S. Dist. LEXIS 89120 (D.Minn. May 18, … Continue reading

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UT: IAC shown for not challenging dog alert

The initial dog alert here did not provide probable cause for search of defendant’s vehicle. Thus, defense counsel was ineffective for not pursuing a Fourth Amendment challenge. “In summary, based on the record before us, a motion to suppress the … Continue reading

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NJ: Visitor had standing in his own stuff, even if not the place

A visitor had standing to contest the search of his own stuff while he was there. (And the alleged consent of his mother was suspect.) State v. Marcellus, 2022 N.J. Super. LEXIS 67 (May 18, 2022). Defendant was stopped for … Continue reading

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WaPo: AI may be searching you for guns the next time you go out in public

WaPo: AI may be searching you for guns the next time you go out in public (“A Massachusetts company says it could help stop shootings like the Tops massacre in Buffalo. Its surveillance product is increasingly popular — and, critics … Continue reading

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N.D.Ill.: Alleged violation of police dept policy on consent didn’t affect 4A claim here

The defense claim the officer somehow violated department policy in obtaining consent doesn’t bear on the constitutional question at all. There was at least reasonable suspicion for his stop and the encounter. United States v. Lopez-Garcia, 2022 U.S. Dist. LEXIS … Continue reading

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N.D.Cal.: If bumping def on a bike was a seizure, it ended when he ran away

The officer bumped defendant on a bike. It was potentially a seizure, but “Under Hodari D. and Torres, the seizure thus ended when Daniels got up and began running down the driveway.” United States v. Daniels, 2022 U.S. Dist. LEXIS … Continue reading

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CA5: GFE applies to showing of nexus

The good faith exception applies to the warrant affidavit’s showing of nexus. The showing wasn’t great, but it was sufficient to not be bare bones. The officer adequately connected defendant to the premises. United States v. Jackson, 2022 U.S. App. … Continue reading

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