Author Archives: Hall

The Marshall Project: How to Cut Down on Searches in Traffic Stops: Legalize Pot

The Marshall Project: How to Cut Down on Searches in Traffic Stops: Legalize Pot by Justin George and Eric Sarara with additional reporting by Anna Flagg: The legalization of marijuana in Washington state and Colorado had at least one unanticipated … Continue reading

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W.D.Mo.: Illegal Terry frisk led to subsequent searches after arrest warrant found; no suppression under Strieff

Defendant’s Terry frisk was invalid, but the existence of a warrant for his arrest requires that the subsequent searches not be suppressed under Strieff. United States v. Sisco, 2017 U.S. Dist. LEXIS 94761 (W.D. Mo. Jan. 11, 2017), adopted, 2017 … Continue reading

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TX9: Texas provides no exclusionary remedy for illegal search and seizure in forfeiture cases

Texas provides no exclusionary remedy for illegal search and seizure in forfeiture cases. $102,450.00 in United States Currency v. State, 2017 Tex. App. LEXIS 5761 (Tex. App. – Beaumont June 22, 2017):

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S.D.Cal.: Probation search waiver can’t be relied on when officers didn’t know about it at time of search

In a civil case relying on a probation search, “‘[a] Fourth Amendment search waiver cannot provide a justification for a search of a probationer where the officers were unaware of the waiver before they undertook the search.’ United States v. … Continue reading

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D.Conn.: SW for drugs in house supported plain view of gun under mattress

There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 … Continue reading

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M.D.N.C.: SW for stolen tractor lawn mower didn’t support plain view in house of firearm

A search warrant for a stolen tractor lawn mower didn’t support a plain view in defendant’s house for alleged illegal firearms because they aren’t per se unlawful to possess. They could have been registered. United States v. White, 2017 U.S. … Continue reading

Posted in Franks doctrine, Plain view, feel, smell | Comments Off

CA5: Video of police shooting shows it was justified, so QI shown

Parents alleged Fourth Amendment violations under § 1983 in the fatal shooting of their son by a police officer. Based upon a bystander’s video of the incident, a reasonable officer in defendant’s position could have concluded that the son posed … Continue reading

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PA: Nervousness alone isn’t reasonable suspicion

Nervousness alone isn’t reasonable suspicion. Commonwealth v. Morrison, 2017 PA Super 194, 2017 Pa. Super. LEXIS 456 (June 21, 2017). Officers plainly had probable cause to search defendant’s apartment, as the affidavit for the search warrant application stated that there … Continue reading

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CBS News: What is the future of privacy, surveillance and policing technologies under Trump?

CBS News: What is the future of privacy, surveillance and policing technologies under Trump? by Kathryn Watson:

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CA3: Search of prison cell didn’t violate 4A

The search of plaintiff’s prison cell and confiscation of some of his stuff wasn’t a Fourth Amendment violation. Barndt v. Wenerowicz, 2017 U.S. App. LEXIS 10754 (3d Cir. June 19, 2017).* The officer here saw a vehicle parked outside a … Continue reading

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