Author Archives: Hall

CADC: AE applied to boxes police reasonably believed contained evidence that was being removed from the premises

Defense counsel wasn’t ineffective for not moving to suppress the seizure of boxes of evidence from defendant’s car. It was reasonable for the officers to believe defendant was loading the car to move evidence to hide it when the police … Continue reading

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Courthouse News: San Francisco OKs $369,000 Settlement for Journalist Targeted by Police

Courthouse News: San Francisco OKs $369,000 Settlement for Journalist Targeted by Police by Nicholas Iovino (“A journalist whose home was raided by police will get $369,000 from San Francisco taxpayers under the terms of a settlement approved by the city’s … Continue reading

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CA4: Ptf’s 4A claim cell site simulator used on him remanded to District Court for more factfinding

Plaintiff sued because the Baltimore Police Department used a cell site simulator to locate him, and that violated the Fourth Amendment. The district court’s findings are based on an inadequate record and the case is remanded for more factfinding. Andrews … Continue reading

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CA8 dissent from rehearing en banc: Panel misapplied qualified immunity on use of Taser

Two judges of the Eighth Circuit dissented from denial of rehearing en banc of 944 F.3d 704 (8th Cir. Ark. Dec. 3, 2019) that the panel misapplied qualified immunity. Jackson v. Stair, 2020 U.S. App. LEXIS 9540 (8th Cir. Mar. … Continue reading

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Quarantines and the Fourth Amendment

Is a government quarantine order for a person or group of people a violation of the Fourth Amendment as a reasonable seizure? Despite being an ardent civil libertarian, I must conclude the Constitution means: No.   Protection from infectious diseases … Continue reading

Posted in Administrative search, Reasonableness | Comments Off on Quarantines and the Fourth Amendment

NYTimes: Justice Department Watchdog Cites More Flaws in FBI’s Handling of Surveillance Warrants

NYTimes: Justice Department Watchdog Cites More Flaws in FBI’s Handling of Surveillance Warrants by Reuters (“The FBI has failed to properly maintain supporting documentation when seeking surveillance warrants, raising questions about the factual underpinnings of the warrant applications and violating … Continue reading

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CA2: Barring cross-examination on execution of SW on cell phone wasn’t shown to be prejudicial

The district court didn’t err in sustaining the government’s objection to cross-examination about the execution of the search warrant on defendant’s cell phone because there was no showing that the warrant wasn’t improperly executed. United States v. Vargas, 2020 U.S. … Continue reading

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IL: Flight from gunshots is not RS

Defendant’s flight into his house on hearing gunshots was not reasonable suspicion to give chase or probable cause to enter the house to arrest him. Anybody would flee gunshots. People v. Craine, 2020 IL App (1st) 163403, 2020 Ill. App. … Continue reading

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CA5: Statute of limitations for malicious prosecution starts at acquittal

“As should be apparent, Winfrey controls. Since Fusilier is challenging ‘an unlawful [detention] pursuant to a warrant’ that the defendants caused to be issued because of ‘misstatements,’ Fusilier’s claim best fits with a malicious prosecution analogy. Winfrey, 901 F.3d at … Continue reading

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CO: Cell phone SW is particular if it gives just the phone number and expected owner’s name

A cell phone search warrant is sufficiently particular by identifying merely the phone number and the expected owner of the phone. People v. Pettigrew, 2020 COA 46, 2020 Colo. App. LEXIS 656 (Mar. 26, 2020). Defense counsel didn’t fail to … Continue reading

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N.D.Ind.: Having def sit in the patrol car didn’t prolong the stop

“[T]he officer did not commit an unlawful seizure when he instructed Salazar-Lopez to sit in the patrol car. The move to the patrol car did not impermissibly prolong the traffic stop, and was incidental to the mission of the stop.” … Continue reading

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W.D.Ky.: Not unreasonable under 4A that state “track and trace” warrant was served by fax in another jurisdiction; at least GFE applies

A state district court judge of apparent limited jurisdiction, not general criminal jurisdiction, had apparent authority to approve a “track and trace” order, or at least subject to the good faith exception. Suppression here would prove nothing at all. As … Continue reading

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