Author Archives: Hall

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 … Continue reading

Posted in Probation / Parole search, Reasonable suspicion | Comments Off on CA5: Even if parole search was to aid criminal investigation, it was still reasonable

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):

Posted in Cell phones, Nexus, Probable cause | Comments Off on IN: Cell phone linked to murder by TM sent before; PC for search

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 … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Pretext | Comments Off on C.D.Cal.: Inquiry into actions of others besides the officers involved in search is a new Bivens claim and barred

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 … Continue reading

Posted in Burden of pleading, Informant hearsay, Motion to suppress | Comments Off on D.Minn.: Regular CI had “extensive knowledge of street gangs, firearms, and narcotics distribution”; there was PC

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 … Continue reading

Posted in Uncategorized | Comments Off on

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:

Posted in DNA | Comments Off on Daily Beast: The Creepy and Unconstitutional Government Database of Newborn Babies’ DNA

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 … Continue reading

Posted in Probation / Parole search, Reasonable suspicion | Comments Off on CA2: Supervised release search condition not adequately addressed on the record

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 … Continue reading

Posted in Abandonment, Excessive force, Warrant papers | Comments Off on D.C.Cir.: The sealing of SW for def’s Facebook account has no bearing on reversibility of the conviction; release pending appeal denied

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 … Continue reading

Posted in Cell phones, Inventory, Plain view, feel, smell, Scope of search | Comments Off on GA: SW for marijuana supported plain view seizure of firearms, ammunition, and body armor

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, … Continue reading

Posted in Arrest or entry on arrest, Qualified immunity, Search incident | Comments Off on WA: Brief detention on no bail FTA warrant wasn’t unreasonable where there was a PC determination within 48 hours

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):

Posted in Qualified immunity, Seizure | Comments Off on C.D.Cal.: Police missing target and shooting innocent bystander is a 4A seizure, but with QI

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 … Continue reading

Posted in Reasonable suspicion | Comments Off on NYTimes: Does Having a Gun Make a Person Suspicious? Courts Aren’t Sure Now.

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. … Continue reading

Posted in Burden of pleading, Good faith exception, Probable cause | Comments Off on D.R.I.: SW affidavit that failed to incorporate what it said it was failed to show PC and thus no GFE

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 … Continue reading

Posted in § 1983 / Bivens, Abandonment, Waiver | Comments Off on D.P.R.: Alleged false GJ testimony as an alleged 4A violation rejected as new Bivens ground

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 … Continue reading

Posted in Qualified immunity, Reasonable expectation of privacy, Seizure, Strip search | Comments Off on E.D.Mo.: Strip search of civilly committed patient refusing pat search was reasonable and with QI

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 … Continue reading

Posted in Independent source, Issue preclusion, Probable cause | Comments Off on TN: Even if search occurred before SW issued, affidavit mentions nothing of it; thus independent source

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 … Continue reading

Posted in Pretext | Comments Off on The Appeal: Forty-Six States Paid for Violent, Racist Police Training. We Should Ban Pretextual Stops Instead.

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 … Continue reading

Posted in Franks doctrine, Good faith exception, Probable cause | Comments Off on D.N.M.: No GFE for a Franks violation

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 … Continue reading

Posted in Rule 41(g) / Return of property, Scope of search, Stop and frisk | Comments Off on PA: With PC, moving a car to a police location for a SW was reasonable

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. … Continue reading

Posted in Issue preclusion, Reasonableness | Comments Off on CA6: The state’s violation of a prison policy doesn’t make a 4A claim