Category Archives: Custody

OH10: Window tint violation justified impoundment and inventory, even though discretionary

Under the inventory policy, the police had the discretion to impound vehicles with excessive window tint, even though they did not apply impoundment uniformly. State v. Hall-Johnson, 2022-Ohio-3512, 2022 Ohio App. LEXIS 3308 (10th Dist. Sep. 30, 2022). An investigation … Continue reading

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CT: Blood draw by nurse at hospital was not 4A search

The taking of a blood sample by a nurse at a hospital is not a Fourth Amendment search. State v. Ragalis, 2022 Conn. Super. LEXIS 2025 (New Britain Sept. 8, 2022). Custody under Miranda is not the same as a … Continue reading

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MI: No RS for getting def out of car for a frisk

Defendant’s stop was justified, but getting him out of the vehicle for a frisk was not. Suppressed. People v. Turner, 2022 Mich. App. LEXIS 4943 (Aug. 18, 2022) (2-1). On the totality, defendant consented to an interview in his own … Continue reading

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CA5: Being handcuffed during traffic stop for officer safety wasn’t “custody” for Miranda purposes

Defendant was handcuffed during a traffic stop for officer safety, and the officer’s on the street questions were not custodial for Miranda purposes. United States v. Coulter, 2022 U.S. App. LEXIS 19751 (5th Cir. July 18, 2022). This protective sweep … Continue reading

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CA11: Reasonable mistake of law on basis for stop was not 4A violation

“An officer’s reasonable mistake of law—that is, when ‘the law turns out to be not what was thought’—can justify probable cause. [Heien] at 61-64. The officer ‘deserve[s] a margin of error’ when ‘the application of a statute is unclear—however clear … Continue reading

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E.D.Va.: No RS for protective sweep of car for weapon

The officers lacked reasonable suspicion for a protective sweep of defendant’s car. His actions did not support any suggestion he might be armed. United States v. Trice, 2022 U.S. Dist. LEXIS 115463 (E.D. Va. June 29, 2022).* Defendant’s refusal to … Continue reading

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CA9: Failure to deliver SW at scene of search violated Rule 41, but no suppression here

Failure to deliver the whole search warrant to defendant violated Rule 41(f)(1)(C), but it wasn’t deliberate so no suppression. United States v. Manaku, 2022 U.S. App. LEXIS 16337 (9th Cir. June 14, 2022). 2254 petitioner’s ineffective assistance of counsel for … Continue reading

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HI: DWI stop not “custody”, and statements made during FST were admissible

Defendant was not in custody at the time she made statements during a FST. State v. Sagapolutele-Silva, 2022 Haw. LEXIS 85 (June 3, 2022); State v. Manion, 2022 Haw. LEXIS 86 (June 3, 2022). Defendant’s claim that her daughter was … Continue reading

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CA9: Police participation in a probation search didn’t make it unreasonable

Homeland Security Investigations participating in a probation search did not make it unreasonable. United States v. Johnson, 2022 U.S. App. LEXIS 11999 (9th Cir. May 3, 2022). Defendant claims a Franks violation from a single misstatement in the affidavit for … Continue reading

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Cal.: Exclusionary rule does not apply in child dependency litigation

The exclusionary rule does not apply in child dependency litigation. In re Christopher L., 2022 Cal. LEXIS 2313 (Apr. 25, 2022) (recognizing rule). “Hecke is correct that Detective Compton did not provide details of BSC’s criminal history or a description … Continue reading

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CA8: Court can consider GFE rather than decide PC

“‘[T]his Court ‘may consider the applicability of the good-faith exception to the exclusionary rule,’ without addressing whether probable cause exists.” Here, there was enough to likely show probable cause so the officer reasonably believed in the validity of the warrant. … Continue reading

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E.D.Tenn.: USDJ doesn’t second guess USMJ’s credibility determinations in the R&R

USDJ doesn’t second guess USMJ’s credibility determinations in the R&R on a motion to suppress. United States v. Bowman, 2022 U.S. Dist. LEXIS 69156 (E.D.Tenn. Apr. 14, 2022).* A bag left outdoors at an apartment complex for more than a … Continue reading

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CA6: Failure to file state SW papers with clerk not 4A violation

Failure to file the state search warrant papers with the state clerk under state law is not a Fourth Amendment violation. United States v. Baker, 2022 U.S. App. LEXIS 9315 (6th Cir. Apr. 5, 2022). The signed affidavit being incorporated … Continue reading

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OH11: No RS for frisking a slumbering motorist

Police were called to a man slumped over his steering wheel maybe passed out. They roused him. Defendant’s patdown was not justified by reasonable suspicion. State v. Shoenberger, 2022-Ohio-253, 2022 Ohio App. LEXIS 232 (11th Jan. 31, 2022). Defendant’s roadside … Continue reading

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MO: Traffic stop not custodial for Miranda

A traffic stop is not a custodial arrest requiring Miranda warnings. Defendant’s admissions he had drugs wasn’t excludable. State v. Ybarra, 2021 Mo. App. LEXIS 1031 (Nov. 23, 2021). Not objecting to the state offering a search warrant application into … Continue reading

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D.N.M.: Announcement of unlawful search here led to involuntary confession

“Here, the Agents did not, in the end, violate the Fourth Amendment. So, the question this Court confronts now is whether the announcement of an unlawful search, which is not in fact completed, render an elicited confession involuntary and inadmissible? … Continue reading

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OR: When defense raises lack of oath or affirmation for SW, burden is on state to prove SW was properly issued

When the defense challenges the validity of the warrant for lack of oath or affirmation, that’s tantamount to a warrantless search allegation, so the court concludes the burden should be on the state to go forward. State v. Perrodin, 315 … Continue reading

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DC: Grabbing one’s waistband while running from the police signals contraband, despite possible innocent explanations

Grabbing at one’s waistband while running from the police may have innocent explanations, too, but it signals contraband. Newman v. United States, 7-CF-520 (D.C. Sept. 2, 2021). A delay between the traffic stop and an ultimate search is not per … Continue reading

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ID: Where state constitution requires arrest warrant for completed misdemeanors, it was sufficient there was a reasonable belief officer was arresting for a completed felony

While an officer cannot arrest for a completed misdemeanor without an arrest warrant under the state constitution, the officer reasonably believed here that it could be a felony. SCOTUS’s recent opinion on the community caretaking function in Caniglia v. Strom … Continue reading

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OH6: No RS as to def in a crowd in high crime area

Police arrived at a crowd on a parking lot in a high crime area. People were drinking in public and there was the smell of marijuana in the air, but none of that had anything to do with defendant. Thus, … Continue reading

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