Category Archives: Uncategorized

Project on Government Oversight: A Day Without the Fourth Amendment

Project on Government Oversight: A Day Without the Fourth Amendment by Jake Laperruque: Accompany our hero on his journey through a fictional world without the Fourth Amendment.

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AZ: The drug courier profile has its place in supporting RS, but it doesn’t have any place at trial

Drug courier profile evidence has its place (“Drug-courier profile evidence suggests that a defendant possesses one or more behavioral characteristics typically displayed by persons trafficking in illegal drugs. See State v. Haskie, 242 Ariz. 582, 585 ¶ 14, 399 P.3d … Continue reading

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CA10: Search of car was inevitable by later inventory (completely overlooking automobile exception)

Defendant was stopped after robbing a Dollar General store of cigarettes. When confronted in the parking lot, he pulled a gun on the employees. Albuquerque PD found the car, surrounded it, and got him out. The car was searched and … Continue reading

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PA grants review on whether executed SWs are public records under common law right of access

In re 2014 Allegheny County Investigating Grand Jury, 2018 Pa. LEXIS 4488 (Aug. 29, 2018):

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E.D.Va.: When the stop is based on RS of speeding, the unmarked car’s speedometer doesn’t have to be “calibrated”; when there are two bases for stop, attacking one isn’t good enough

Defendant argues that his stop wasn’t justified because the police officer paced him with the uncalibrated speedometer on his unmarked car. The question, though, is reasonable suspicion, and aside from speeding there was a window tinting violation. So, the stop … Continue reading

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CA11: Use of a “sniffer” to locate CP on a computer not mentioned in the SW not unreasonable search

Use of a sniffer device to search defendant’s computers at Emory University was not unreasonable just because the search warrant didn’t mention using it. United States v. Sullivan, 2018 U.S. App. LEXIS 23315 (11th Cir. Aug. 21, 2018).* Defendant was … Continue reading

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OH6: Traffic stop led to finding outstanding warrants and led to valid search of car, without even trying to tell us how

Defendant was lawfully stopped for a lane violation. Running his DL led to finding outstanding warrants. “Having ascertained appellant’s identity and outstanding felony warrants, a lawful search led to the discovery of appellant’s unlawful drugs and firearm.” [What was the … Continue reading

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D.P.R.: The fact the police statements weren’t the same doesn’t mean there’s a Franks violation or no PC

The officer’s statement wasn’t inconsistent with the reports of others and didn’t support a Franks claim. It’s entirely possible that the reports of others were all true and merely reported different observations than the officers. Therefore, no Franks violation. United … Continue reading

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CA3: FBI doesn’t need permission from the states under 10A to get a SW in a bank robbery

“Johnson argues that ‘if a search warrant was required then the 10th Amendment requires the Department of Justice to obtain subject matter jurisdiction because the administration of criminal justice under our federal system has rested with the States.’ Pro Se … Continue reading

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Relevance of a Jesus Malverde statute

Not a Fourth Amendment case, but a relevance issue in drug cases: Was there prejudice from testimony about a Jesus Malverde statute? United States v. Valencia, 2018 U.S. App. LEXIS 21659 (8th Cir. Aug. 6, 2018)*:

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OH2: Ptf’s claims decided in criminal case were res judicata to civil case over same search

Res judicata barred plaintiff’s claims against the county for illegal search already decided against him in the criminal case. Cooper v. Montgomery County Sheriff, 2018-Ohio-2965, 2018 Ohio App. LEXIS 3208 (2d Dist. July 27, 2018). “Based on the totality of … Continue reading

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FL4: Parkland school shooting videos obtained by SW subject to state FOIA

After the Parkland FL school shooting, police got a search warrant for all the school video. The news media then made a public records request for it all, which the court found reasonable. “The evidence presented by the Media establishes … Continue reading

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