Author Archives: Hall

FL2: There was suspicion for the stop, but it wasn’t reasonable suspicion

There may have been suspicion for defendant’s stop, but it wasn’t reasonable suspicion. He was potentially dumpster driving at a closed business at night, and he left when he saw the police officer. Vonlydick v. State, 2021 Fla. App. LEXIS … Continue reading

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CA2: Three judges approved of these SWs, there was PC and GF

“Here, the state judge who issued the warrant interviewed the cooperating witness in camera. Two federal judges reviewed the state judge’s notes and also found probable cause for the issuance of the warrant. Hence, three judges independently found there was … Continue reading

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E.D.Tenn.: Def wasn’t removed to avoid his being asked for consent under Randolph

The record doesn’t support defendant’s claim that he was removed to avoid his ability to object to consent under Randolph. In addition, his detention was otherwise objectively reasonable. United States v. Shaw, 2021 U.S. Dist. LEXIS 35405 (E.D. Tenn. Feb. … Continue reading

Posted in § 1983 / Bivens, Consent, Probable cause, Reasonable suspicion | Comments Off on E.D.Tenn.: Def wasn’t removed to avoid his being asked for consent under Randolph

D.N.M.: While the govt didn’t prove exigency, inventory exception applied

While there was some exigency, the government failed on its burden of proving exigency necessitated its action. Instead, the court finds inevitable discovery. United States v. O’Neil, 2021 U.S. Dist. LEXIS 35424 (D. N.M. Feb. 25, 2021):*

Posted in Emergency / exigency, Inventory | Comments Off on D.N.M.: While the govt didn’t prove exigency, inventory exception applied

E.D.N.C.: Some deception to gain entry is permitted, but this one went too far

The government’s ruse that defendant’s name was being used to fraudulently get prescriptions to gain entry into his house made his consent involuntary. United States v. Burch, 2021 U.S. Dist. LEXIS 35265 (E.D. N.C. Feb. 25, 2021):

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WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations

WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations by Drew Harwell (“Government agencies increasingly are accessing private information they are not authorized to compile on their own.”)

Posted in Digital privacy, Third Party Doctrine | Comments Off on WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations

CA1: SWs are directed at places, too, and def didn’t need to be connected in the affidavit

Defendant made a Franks challenge. Removing the allegedly offending material still left probable cause. Defendant’s argument then was that the remainder still didn’t point to him, but that’s not the law: Search warrants are directed at places, too, not just … Continue reading

Posted in Franks doctrine, Nexus, Probable cause, Warrant requirement | Comments Off on CA1: SWs are directed at places, too, and def didn’t need to be connected in the affidavit

CA10: Nexus shown to AZ residence where additional records were found

A search of a pain management doctor’s Arizona residence was based on nexus to his Wyoming medical practice. The government showed that patient records were in both places. United States v. Khan, 2021 U.S. App. LEXIS 5611 (10th Cir. Feb. … Continue reading

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CO: Impoundment of car legally parked in residential neighborhood unreasonable; no community caretaking need

Defendant was arrested, and his vehicle, lawfully parked in a residential neighborhood, was unreasonably impounded and towed. There was no community caretaking function need. People v. Thomas, 2021 COA 23, 2021 Colo. App. LEXIS 268 (Feb. 25, 2021). Syllabus by … Continue reading

Posted in Community caretaking function, Inventory | Comments Off on CO: Impoundment of car legally parked in residential neighborhood unreasonable; no community caretaking need

DC: Putting one’s hand over officer’s to stop a patdown is withdrawal of consent

“The trial court erred as a matter of law in ruling that Mr. Ford’s actions did not revoke consent. An objectively reasonable officer would have understood Mr. Ford’s act of placing his hand on the outside of his pocket exactly … Continue reading

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CA8: Presenting def with DNA SW after he lawyers up wasn’t attempt to reopen interrogation

Presenting defendant with a search warrant for DNA swabs during an interrogation after he lawyered up was a statement of fact and not an attempt to get him to talk again. Thus, Miranda not violated. United States v. Zephier, 2021 … Continue reading

Posted in Custody, DNA, Excessive force, Qualified immunity, Warrant execution | Comments Off on CA8: Presenting def with DNA SW after he lawyers up wasn’t attempt to reopen interrogation

M.D.Fla.: Police dog attack on wrong person not promptly called off was excessive

The officer had reasonable suspicion to frisk three men before they fled him. Releasing a police dog was not unreasonable. The dog’s attack of a 40ish woman, however, was not seen to be reasonable, and the dog was not promptly … Continue reading

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AR: Officer letting himself in because it was raining after homeowner answered knock on door was not implied consent

The officer here came to the door and knocked. When the occupant opened the door, the officer entered because it was raining. The trial court found implied consent. The court of appeals disagrees. It was acquiescence. Abernathy v. State, 2021 … Continue reading

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WY: No hot pursuit into home for traffic violation that wasn’t “hot”

Hot pursuit for a traffic violation did not permit an entry into the home. Here, the pursuit just wasn’t “hot” or exigent because the officer called for backup. Fuller v. State, 2021 WY 36, 2021 Wyo. LEXIS 41 (Feb. 24, … Continue reading

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Reason: ‘Everything Has Been Criminalized,’ Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections

Reason: ‘Everything Has Been Criminalized,’ Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections by Damon Root (“The justice weighs in during oral arguments in Lange v. California.”)

Posted in SCOTUS | Comments Off on Reason: ‘Everything Has Been Criminalized,’ Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections

PA: With MMJ, smell of MJ alone isn’t PC for search of a car; more required

Because of medical marijuana being law in Pennsylvania, the smell of marijuana in a car alone is no longer enough for probable cause. More is required. Commonwealth v. Grooms, 2021 Pa. Super. LEXIS 79 (Feb. 24, 2021):

Posted in Plain view, feel, smell, Probable cause | Comments Off on PA: With MMJ, smell of MJ alone isn’t PC for search of a car; more required