Author Archives: fourth

No expectation of privacy in a cellphone left at a crime scene

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Declaratory judgment unnecessary in § 1983 damages action

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A group of interesting cases: search incident of a cell phone suppressed; F.R.Crim.P. 41 precluded a § 1983 case; failure to list on inventory not a ground to suppress; officer’s statement during search was not an interrogation

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1983 claim for malicious prosecution without probable cause from failure to detect obvious facts could go forward, at least for now

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A traffic stop can be based on reasonable suspicion, not just probable cause

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E-mail privacy: New law review article

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News and comment: Man charged with audiotaping his own DUI arrest

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Probable cause was lacking, but the affidavit was not bare bones for good faith exception

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City’s destruction of property of homeless persons in trying to rid itself of them violates Fourth Amendment

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Reasonable suspicion for a roadside stop existed, so refusal of consent led to use of a drug dog, but refusal of consent was not a factor in reasonable suspicion

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Notice to appear in court is not a Fourth Amendment seizure

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Illegal entry into open garage which resulted in no seizure and happened without defendant’s knowledge did not void his consent

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E.D. Wash: Day care centers are pervasively regulated businesses

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Mistake of name in SW was reasonable, and search not suppressed

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Search warrant to search but not mentioning “seize” did not preclude seizure under the warrant

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Impounding car from street lawfully parked in front of defendant’s house was unjustified under community caretaking function

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Exigent circumstances not present for warrantless entry

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Unwarned statements were suppressed, but search based on them in part was not

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IN: Failure to file affidavit before search warrant is executed in violation of statute voids search

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Hot pursuit does not require a “hue and cry” in the streets

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