Author Archives: Hall

E.D.Mich.: Detroit’s removal of 85 used cars parked on city land as a trespass was reasonable

Plaintiff is a used car dealer who parked cars on a city owned lot that they were trying to acquire, but it never went through. The cars weren’t removed despite requests, so all 85 were towed off by towing companies … Continue reading

Posted in Trespass | Comments Off

PA: SW papers issued by GJ retain secrecy and aren’t open

The search warrant issued by a state grand jury are still entitled to grand jury secrecy, compared to other judicial records. The court followed In re Gwinnett Cty. Grand Jury, 284 Ga. 510, 668 S.E.2d 682 (2008). In re 2014 … Continue reading

Posted in Informant hearsay, Warrant requirement | Comments Off

OH11: Def’s vehicle and occupants matching description of bank robbery getaway car and suspects was RS

Defendant’s vehicle matched the description of a bank robbery suspect’s truck in terms of the color, size, make, and model, and the defendant matched the suspect’s description in terms of his gender, race, and clothing. That was reasonable suspicion. State … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off

OH3: Court declines to extend state const to trash searches

The court declines to extend the state’s constitution to prohibit trash searches permitted by the Fourth Amendment. While other state courts have done so, this state has not yet, and that’s for the state supreme court. Another district had also … Continue reading

Posted in Franks doctrine, Ineffective assistance, Reasonable expectation of privacy | Comments Off

D.Minn.: Older information about drugs confirmed by an ion scan of door knob 72 hours before SW not stale

Officers received detailed information in May 2017 of several being involved in the drug trade in April 2017. This resulted in a search warrant of others. Another CI provided information about June 2017. “In addition to Defendant being seen in … Continue reading

Posted in Staleness | Comments Off

NYTimes: Justice Scalia’s Fading Legacy

NYTimes: Justice Scalia’s Fading Legacy by Linda Greenhouse His Fourth Amendment opinions, on balance, more favored privacy against the government.

Posted in SCOTUS | Comments Off

New Draft Article: “Cross-Enforcement of the Fourth Amendment”

New Draft Article: “Cross-Enforcement of the Fourth Amendment” by Orin Kerr on SSRN. The surprising uncertainty when the Fourth Amendment meets federalism. From Volokh Conspiracy:

Posted in Uncategorized | Comments Off

Trial the rest of week, so postings likely late

Posted in Uncategorized | Comments Off

MN: Officer’s entry on def’s property to look at serial number of an allegedly stolen camper violated curtilage; entry suppressed

Defendant was a suspect in having a stolen pop-up camper on his property. The victim saw it and called the police. The police entered to look at the serial number on the camper, but it was curtilage under Dunn. The … Continue reading

Posted in Curtilage | Comments Off

Treatise 25% off through Friday midnight PT

Treatise 25% off through Friday midnight PT.

Posted in Uncategorized | Comments Off

D.Utah: Shooting of def in court attempting to stab witness on stand with a pen was reasonable use of force

The CSO shooting plaintiff’s decedent in the courtroom was reasonable under all the circumstances as a matter of law, shooting him four times in quick succession after he came over the rail around the witness box. Decedent grabbed defense counsel’s … Continue reading

Posted in Excessive force | Comments Off

NJ: Def was interrogated in DA’s office; inventory of her purse after lawyering up was unreasonable

Defendant was detained and being interviewed at the local DA’s office. She’d rummaged in her purse without restriction, and it was open on the table. She looked at her cell phone for the time and commented that she had to … Continue reading

Posted in Inventory | Comments Off