Category Archives: Uncategorized

The vehicle in this case was stopped for a traffic offense, and Martin was driving and defendant was a passenger, but both, it turned out, gave false names, defendant using his brother’s. After they were released, the officer got more … Continue reading →

WaPo: Volokh: Do travelers have a right to leave airport security screening areas without the TSA’s permission? by Orin Kerr:

TechDirt: DOJ Flips Out That Evidence Gathered Via FISA Orders Might Be Made Available To Defendants by Mike Masnick:

A Kansas City Greyhound bus employee called police to say that a man fell asleep on a bench in the bus station (“a high crime area”) and a gun was hanging out of his pocket. The police response was a … Continue reading →

New Mexico courts did not violate clearly established federal law (under § 2254) in determining that there was no exclusionary remedy for an alleged violation of the Posse Comitatus Act. Gonzales v. Bravo, 2014 U.S. App. LEXIS 6236 (10th Cir. … Continue reading →

“Deputy Wendy Jason, the investigating officer, testified that she stopped Cantsee because his cracked windshield violated NRS 484D.435. However, NRS 484D.435 does not prohibit operating a vehicle with a cracked windshield. Although the cracked windshield could violate another statute, the … Continue reading →

Plaintiff was stopped and handcuffed by the defendant officer under mistaken identity. After 16 minutes, he was released without an apology after his ID was called in. The officer gets immunity for his actions, because there was no showing he … Continue reading →

wdbj7.com: Parents and students say student allegedly caught with inappropriate picture of minor prompts cell phone sweep at Pulaski County [VA] schools by Orlando Salinas. The school board denies that there has been a wide sweep of cell phones.

Aljazeera America: Field of drones:

Politico: Feds: No DNA tests for clearance by Josh Gerstein: Genetic testing for background checks is ‘not on the table at all,’ a spokesman says.

Mason C. Clutter, Dogs, Drones, and Defendants: The Fourth Amendment in the Digital Age, 21 Geo. Mason L. Rev. (forthcoming Spring 2014). Abstract:

The state appealed the grant of a motion to suppress installation of a GPS device two years before Jones. It’s a lengthy opinion dealing with all aspects of GPS and affirming suppression: installation with reasonable suspicion, installation under the automobile … Continue reading →

In a § 1983 case, the fact a later convicted deputy sheriff participated in the search of plaintiff’s house doesn’t state a claim against the municipality for custom. Key v. Shelby County, 551 Fed. Appx. 262 (6th Cir. 2014).* Defendant’s … Continue reading →

A nighttime search requires a separate showing of probable cause for that, and, here, a few sales of drugs at night isn’t sufficient. State v. Zeller, 2014 ND 65, 2014 N.D. LEXIS 63 (April 3, 2014):

Defendant consented to the blood draw in this felony DUI case, and it was voluntary on the totality. He was not a newcomer to the law. Higgins v. State, 2014 Del. LEXIS 152 (April 1, 2014). 2255 petitioner’s guilty plea … Continue reading →

A juvenile was denied a probable cause determination without a hearing in 48 hours, and he’s ordered immediately released. State ex rel. K.W., 2014 La. App. LEXIS 852 (La. App. 4 Cir. March 28, 2014):

Cato@Liberty: Theory: The Supreme Court Could Apply the Terms of the Fourth Amendment in Fourth Amendment Cases by Jim Harper:

NYT: Sweeping Away a Search History by Molly Wood:

A nighttime knock-and-talk at a shop building behind defendant’s house was not shown to be on the curtilage. State v. Cady, 425 S.W.3d 234 (Mo. 2014):

Rejecting the R&R, the court finds that the officers exceeded the consent given when they searched the car. United States v. Camargo-Chavez, 2014 U.S. Dist. LEXIS 45241 (E.D. Okla. April 2, 2014),* R&R 2014 U.S. Dist. LEXIS 46266 (E.D. Okla. … Continue reading →