Author Archives: Hall

Defendant consented to search of his car, not knowing the battery was of interest to the police as a place to hide contraband.

When defendant consented to search of his car, he didn’t know that the battery was of interest to the police as a place to hide contraband. As far as he knew, the battery was inside the car so the consent … Continue reading

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E.D.Wis.: Ptfs state claim that City of Green Bay’s installation of listening devices in public hallways likely violates the 4A

The City of Green Bay installed listening devices in public hallways of City Hall to monitor all conversations there for security purposes. When they found out, plaintiffs sued claiming a reasonable expectation of privacy in conversations conducted in such a … Continue reading

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CA7: CI identity irrelevant because of controlled buys

This case is about fentanyl on defendant’s person, so the identity of the CI that led police to him is irrelevant under Roviaro. Controlled buys justified his arrest. United States v. Johnson, 2024 U.S. App. LEXIS 4450 (7th Cir. Feb. … Continue reading

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S.D.N.Y.: 4A doesn’t apply to seizure of superyacht in Fiji belonging to a non-US citizen

The Fourth Amendment does not apply extraterritorially to a boat seizure for forfeiture in Fiji belonging to a noncitizen. “It is hereby ORDERED that Claimants’ request for expedited discovery is DENIED. Claimants’ request is denied because the basis of their … Continue reading

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D.S.C.: Speeding stop justified even if dashcam video is inconclusive

The stop was justified: “In this case, although the dash cam footage is inconclusive of Officer Dudley’s visual estimate of speed, no evidence was put forth that cast doubt on Officer Dudley’s ability to estimate speed. Further, additional indicia of … Continue reading

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CA5: Burden on def to show smell of MJ in car was from lawful use

If one is claiming that prior use of marijuana in the car is lawful, thus defeating probable cause, the burden is on him or her. United States v. Goldsmith, 2024 U.S. App. LEXIS 4405 (5th Cir. Feb. 26, 2024).* [Except … Continue reading

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Forfeiture of property of the innocent: The Bulwark: It’s Too Easy for Police to Take Your Stuff

The Bulwark: It’s Too Easy for Police to Take Your Stuff by Matthew Prensky and Arif Panju:

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S.D.Cal.: Challenge to PC for revo warrant has to be made in the district where the warrant comes from

Challenge to the probable cause for a revocation warrant has to be made in the district issuing it, not this one where defendant currently resides. United States v. Carranza-Cruz, 2024 U.S. Dist. LEXIS 31590 (S.D. Cal. Feb. 23, 2024).* The … Continue reading

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CA6: DEA SW for tableting machine lacked PC, but GFE exception saves search

“The facts of this case are undisputed. On October 20, 2021, Brett Dauphinais ordered a tableting machine, a device that retails for thousands of dollars and allows the user to make food or drug tablets. Tableting machines can be used … Continue reading

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E.D.N.Y.: Under Bruen, possibility def is licensed to carry in NYS defeats PC

Even under NYS’s firearm licensing scheme, mere possession of a firearm isn’t probable cause the person in possession is committing crime because he might be licensed. “The question before the court in this case is whether, after the Supreme Court’s … Continue reading

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E.D.Cal.: Motion for return of property can’t be granted while criminal proceedings still pending

A motion for return of property involved in a criminal case can’t be entertained until all proceedings have concluded. Here, the 2255 has neither been filed nor resolved. United States v. Kindley, 2024 U.S. Dist. LEXIS 31431 (E.D. Cal. Feb. … Continue reading

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OH2: Allegation that search occurred before SW issued is not a Franks issue

“A second problem is that the foregoing scenario does not raise a Franks issue. If Detective Saunders did prematurely enter the house without a warrant, he may have violated the Fourth Amendment. But that act would not establish any falseness … Continue reading

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CA4: Ptf, a contract jail nurse, states a claim for being strip searched when mistaken for inmate [in scrubs]

Plaintiff is a nurse, and, for her first day on the job at this jail, she was accidentally strip searched when she was mistaken for a weekender. She stated a claim for relief that survives summary judgment and qualified immunity. … Continue reading

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NY Times: When Eyes in the Sky Start Looking Right at You

NY Times: When Eyes in the Sky Start Looking Right at You by William J. Broad (“New satellites that orbit the Earth at very low altitudes may result in a world where nothing is really off limits.”). Where does the … Continue reading

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E.D.Ky.: Motion for new trial here not ground for illegal search claim

This motion for new trial is not for defendant’s claim that officers hacked his computer to illegally search it. It’s not newly discovered. Moreover, there were questions of the FBI computer analyst about whether the computer had been hacked. United … Continue reading

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fourthamendment.com is 21 today

February 24, 2003.

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E.D.Wis.: Under Payton, revo warrant justified USM entry into place where def was staying

The US Marshals had an arrest warrant for defendant on an FTA for a revocation hearing. Theydeveloped probable cause through searching Facebook posts that defendant was likely staying at the home of another. Their entry was lawful under Payton and … Continue reading

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OH1: Trial court erred in not suppressing when officer couldn’t remember the basis of stop

Defendant satisfied his burden of pleading by stating the stop was without justification. At the hearing on the motion to suppress this OVI case, the officer couldn’t remember why defendant was stopped. The trial court erred in not suppressing. State … Continue reading

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Keyboard search warrants and the Fourth Amendment

Commentary, Keyboard search warrants and the Fourth Amendment by John Villasenor, The Brookings Institute (Feb. 22, 2024):

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Kerr: “Terms of Service have little or no effect on Fourth Amendment rights.”

Orin Kerr, Terms of Service and Fourth Amendment Rights, 172 U. Pa. L. Rev. 287 (2024):

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