Author Archives: Hall

D.N.H.: Jardines implied license to approach front door doesn’t extend to back patio

An implied license to come to the front door, if it exists under Jardines, doesn’t permit officers coming to the back patio area on the curtilage. Here, however, the emergency aid exception applied, and there was no Fourth Amendment violation. … Continue reading

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N.D.Ohio: Frisk just for “officer safety” during traffic stop was unreasonable

Defendant was stopped for having no rearview mirror inside. A frisk for weapons for “officer safety” was unwarranted. Motion to suppress granted. United States v. Jarvis, 2021 U.S. Dist. LEXIS 199592 (N.D.Ohio Oct. 18, 2021). The officer’s alleged violation of … Continue reading

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OH12: Consent to “check” car for weapons includes containers in it

Defendant’s open-ended consent to “check” the car for weapons was broad enough to permit looking in containers. State v. Williams, 2021-Ohio-3704, 2021 Ohio App. LEXIS 3610 (12th Dist. Oct. 18, 2021). Defendant made a lane violation when turning, and that … Continue reading

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CA8: RS supported stop from GPS tracker placed with robbery loot

Defendant’s challenge to the reliability of GPS information for a stop of a robbery suspect on reasonable suspicion is rejected. He was accused of robbing a cell phone store, and a GPS tracker left with him. It was reasonable to … Continue reading

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W.D.Ark.: 16 mo. delay in forensic search of electronics was not unreasonable; PC “remained viable”

The omitted facts from the affidavit for defendant’s child pornography search warrant had no bearing on the probable cause determination, so the Franks challenge fails. Defendant’s claim that the affidavit’s reference to two successful downloads of child pornography was false … Continue reading

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KyCIR: To solve murders, Louisville police turn to ‘geofence’ warrants — but net few arrests

KyCIR: To solve murders, Louisville police turn to ‘geofence’ warrants — but net few arrests by Jacob Ryan, Kentucky Center for Investigative Reporting:

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SCOTUS: CA10 rule on recklessly causing an otherwise reasonable shooting rejected; QI applies

Tenth Circuit’s rule that officers can recklessly cause an otherwise reasonable shooting was not based on clearly established law. Thus, qualified immunity applies. City of Tahlequah v. Bond, 2021 U.S. LEXIS 5310 (Oct. 18, 2021) (per curiam)*:

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D.Idaho: SW for stolen iPhone permitted plain view and seizure of drugs seen on execution

An iPhone was stolen. The owner reported to police it had been turned on at a particular address. Officers got a search warrant for that address, and entered. Drugs in plain view could be seized. United States v. Curiel, 2021 … Continue reading

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N.D.Ill.: Officer watching video of street radioing officer on the street about seeing a gun was RS

A Chicago PD officer was watching the streets with surveillance cameras, and he observed defendant apparently with a firearm under his shirt. That report to others who conducted the frisk was collective knowledge for a stop [although that phrase isn’t … Continue reading

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N.D.Ind.: Passenger has no standing in a stolen car, even if he doesn’t know it’s stolen

Defendant has no standing in a stolen car he is a passenger in, even if he doesn’t know it’s stolen. Also, a key-locked safe in the car could be opened under inventory even though the policy doesn’t talk about it. … Continue reading

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S.D.Miss.: Plain view of alleged drug residue was apparently false and a “comedy of errors”

Plastic wrappers or containers in cars are ubiquitous. The officer [almost obviously] made up a claim there was drug residue in a wrapper. First it was ecstacy, then it was cocaine. It’s all on bodycam. This was a “comedy of … Continue reading

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D.Mont.: That a motion to suppress would fail is a reasonable strategy decision for defense counsel

“A review of the discovery produced by the Government leads the Court to the conclusion that Sheehan’s counsel’s decision not to file a motion to suppress was well within ‘the wide range of reasonable professional assistance.’ Strickland at 689. Sheehan … Continue reading

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NY Bronx: No SW needed to test abandoned DNA

The state did not need a search warrant to test DNA retrieved from an abandoned cigarette butt. Carpenter doesn’t remotely apply. People v. Mendez, 2021 NY Slip Op 21275, 2021 N.Y. Misc. LEXIS 5148 (Bronx Co. Oct. 13, 2021). Defendant … Continue reading

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OH4: Mere sleeping visitor in apt has no apparent authority to consent to search

Somebody sleeping in an apartment that the officer knew was a mere visitor had no standing to consent to an entry. State v. Brandau, 2021-Ohio-3688, 2021 Ohio App. LEXIS 3592 (4th Dist. Oct. 4, 2021). 2255 petitioner’s Franks ineffective assistance … Continue reading

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WaPo: Opinion: Breonna Taylor’s death sparked remarkable changes to no-knock raids across America

WaPo: Opinion: Breonna Taylor’s death sparked remarkable changes to no-knock raids across America by Radley Balko:

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CA6: One controlled buy from a house is PC for SW

One controlled buy is probable cause for a search warrant of a house. Regular drug trafficking from there not required. United States v. Roberts, 2021 U.S. App. LEXIS 30737 (6th Cir. Oct. 12, 2021). Mere disagreement with the state court’s … Continue reading

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NY: Failure to swear to facts of standing dooms motion to suppress

Failing to swear to facts supporting standing is fatal to a Fourth Amendment claim in New York. People v. Ibarguen, 2021 NY Slip Op 05617, 2021 N.Y. LEXIS 2207 (Oct. 14, 2021) (Wilson dissents again (see today’s prior post of … Continue reading

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NY dissent: NY’s pre-Rodriguez cases are suspect

The appellate division’s affirmance of the conviction is summarily affirmed. People v. Blandford, 2021 NY Slip Op 05619, 2021 N.Y. LEXIS 2209 (Oct. 14, 2021) (dissenting opinion)*:

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D.Kan.: Def had a loaner car loaned by a person with no authority over it; no standing

Defendant had no standing in a car that was loaned to him by another who himself might not have even had standing. Defendant was looking for a car that wasn’t “hot,” and he was loaned one by a source that … Continue reading

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Law.com: Analysis: Recent Woes for Prosecutors in Cellphone Searches

Law.com: Analysis: Recent Woes for Prosecutors in Cellphone Searches (“Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches.”)

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