Category Archives: Uncategorized

While Indiana is a plain error state, the failure to raise a search and seizure issue before trial is likely a waiver because, as here, there was nothing on which to base a fundamental error claim, as it was presented. … Continue reading →

John Doe and DNA profile arrest warrant sufficiently particular for Fourth Amendment, when that’s all they have. State v. Carlson, 2014 Minn. App. LEXIS 37 (April 7, 2014):

Good faith first, merits second. Defendant had to show that the warrant was so lacking in probable cause that an officer couldn’t rely on it, and he didn’t. United States v. Alvarez, 2014 U.S. App. LEXIS 6440 (5th Cir. April … Continue reading →

Taylor Phipps, Probable Cause on a Leash, 23 B.U. Pub. Int. L.J. 57 (2014). Abstract:

Warrantless recording and monitoring of private attorney-client conversations in a police station interview room violated clearly established Fourth Amendment law, so no qualified immunity. [Talk about “clearly established law” …] Gennusa v. Canova, 748 F.3d 1103 (11th Cir. 2014):

John B. Lyman, Goldilocks and the Fourth Amendment: Why the Supreme Court of North Carolina Missed an Opportunity to Get Officer Mistakes of Law “Just Right” in State v. Heien, 92 N.C. L. Rev. 1012 (2014). [Note also that Heien … Continue reading →

Consent to a search blood is different than consent to a medical procedure. Consent to one is not consent to the other. State v. Evans, 2014 Tenn. Crim. App. LEXIS 318 (April 4, 2014):

The search of defendant’s bag at Sea-Tac airport was valid as a search incident. A warrant was obtained to search his computer. United States v. McGrue, 2014 U.S. App. LEXIS 6374 (9th Cir. April 7, 2014).* The detailed information from … Continue reading →

Cato: The Fourth Amendment: Cars, Phones, and Keys? by Jim Harper:

The Oregonian: Mohamed Mohamud deserves new trial due to ‘unconstitutional’ surveillance, lawyers argue by Helen Jung:

WaPo: Volojh: Another denied application from Judge Facciola in the e-mail warrant case by Orin Kerr:

There is no standing to challenge GPS placement on a car in which one is a passenger. [I beg to disagree because the passenger is being tracked, too. What’s the difference between this and Brendlin where the stop of a … Continue reading →

Arrest warrant for the defendant coupled with information that he was home was sufficient for entry. A protective sweep thereafter was permissible. United States v. Jones, 2014 U.S. Dist. LEXIS 47548 (E.D. Mich. April 7, 2014).* There was reasonable suspicion … Continue reading →

Politico: Judge again rejects feds over email search by Josh Gerstein:

WSJ: Why Isn’t the Supreme Court in a Hurry to Challenge the NSA? by Meghan Foley:

Chicago Sun-Times: Police-related suits cost city more than $500 million since ’04 by Andrew Schroedter:

Vox: Remember when legal marijuana was going to send crime skyrocketing? by German Lopez: Denver’s crime data shows a slight decrease in the past year: violent crime in January and February fell by 2.4 percent compared to the first two … Continue reading →

The Hill: High court won’t take up NSA case by Julian Hattem:

Defendant was a college student suspected of setting off a small homemade bomb/firework in a vacant lot. He was stopped leaving the scene, and detained. Nothing illegal was found on him or in his car. The officers wanted to search … Continue reading →

Officers were working an area in “response to numerous drug activity complaints” and saw an unattended white Lexus with the engine running. When they got out, there was a gray Lexus near it. Officers recognized both as having been involved … Continue reading →