Category Archives: Waiver

OH1: Protective sweep unjustified; inevitable discovery alternative waived by state by lack of preservation

The protective sweep here was unreasonable because the only gun the officers knew anything about had already been found and there were no people to look for. The trial court erred in overruling the motion to suppress. The state waived … Continue reading

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CA9: No warrant required for CI to record def

No warrant was required for the CI to record defendant, following White (1971). United States v. Sudbury, 2025 U.S. App. LEXIS 13921 (9th Cir. June 6, 2025). The state can’t be compelled to seek to unseal the CI’s testimony for … Continue reading

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D.Alaska: Objection to only part of USMJ’s R&R is waiver of rest

Objection to the USMJ’s probable cause finding but not application of the good faith exception is waiver on the latter. United States v. Baldwin, 2025 U.S. Dist. LEXIS 106406 (D. Alaska June 4, 2025). The legality of the protective sweep … Continue reading

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MO: Civil discovery is a due process issue, not 4A one

Civil discovery is a due process issue, not a Fourth Amendment one. The civil discovery here was reasonable. Neighborhood Legal Support of Kansas City v. Ontman, 2025 Mo. App. LEXIS 374 (June 3, 2025), citing State ex rel. Kansas City … Continue reading

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CA6: Change in protective sweep argument between district court and appeal was waiver

Defendant’s protective sweep argument changed from the district court to appeal, so the argument urged here is waived. Below he argued the protective sweep was unreasonably extended but here it’s whether it should have occurred at all. United States v. … Continue reading

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D.C.Cir.: A helpful history of national security searches in Page v. Comey

For a helpful history of national security searches, see Page v. Comey, 2025 U.S. App. LEXIS 12547 (D.C. Cir. May 23, 2025). Pro se doctor plaintiff failed to object to USMJ’s F.R.C.P. 12(b)(6) recommendation, do it’s waived. Pompy v. First … Continue reading

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DE: Trial court holds Kansas v. Glover not followed under state constitution

A Delaware trial judge holds that the state constitution, adopted before the Fourth Amendment, provides more protection for motorists than Kansas v. Glover. State v. Coffey, 2025 Del. Super. LEXIS 266 (May 22, 2025). (This will be appealed.) There’s no … Continue reading

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MI: Lifetime electronic monitoring of this sex offender on parole not 4A violation

Lifetime electronic monitoring of this sex offender when on parole doesn’t violate the Fourth Amendment. People v. Van Mai, 2025 Mich. App. LEXIS 3912 (May 20, 2025). DUI checkpoint: “The only issue Defendant raises is whether the check point was … Continue reading

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WA: 911 call about following a DUI was RS for stop

Officers could rely on a 911 call about an alleged drunk driver who was reporting what she was seeing. “Law enforcement officers may effectuate a Terry stop based on a 911 caller’s tip when the tip is reliable and contains … Continue reading

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NY3: Judge who issued SW not barred from handling trial

Defendant’s claim that the judge issuing the search warrant couldn’t preside at the trial was not preserved because there was no objection. It would have failed anyway. People v Coston, 2025 N.Y. App. Div. LEXIS 3046 (3d Dept. May 15, … Continue reading

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M.D.Fla.: Being made to leave during search of premises is not a seizure

Defendant was made to leave the premises while a search occurred inside, and that was not a seizure of his person. United States v. Arcadipane, 2025 U.S. Dist. LEXIS 82688 (M.D. Fla. May 1, 2025). Defendant, a sex offender on … Continue reading

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CA8: Two specific 911 calls satisfied Navarette

Two 911 calls about erratic driving involving a black Volvo led to defendant’s stop, and that was sufficient for Navarette. While checking defendant’s license, the officer asked about his travel plans, and he said he came from California to help … Continue reading

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ME: Search for ammunition permits a search in small spaces

A search for ammunition permits a search in small spaces. State v. Thomas, 2025 ME 34 (Apr. 1, 2025). “The trial court erred when it mistakenly applied the Texas Rules of Evidence during the motion to suppress hearing by sustaining … Continue reading

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E.D.Ky.: SW affidavit failed to show PC for search of house, but it wasn’t so lacking the GFE doesn’t apply

The affidavit for search warrant here was based on suspicious circumstances but doesn’t show nexus to defendant’s house that he was engaging in drug trafficking from there just from living there. “Ultimately, the evidence in the affidavit did not create … Continue reading

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MT: SW obviates implied consent for BAC test

The police having obtained a search warrant for defendant’s BAC, the implied consent statute doesn’t apply. State v. Clinkenbeard, 2025 MT 54 (Mar. 25, 2025). Defendant’s long standing drug trafficking was not stale. 2022 information was refreshed by 2023 information. … Continue reading

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OR: Following def in an unmarked police car is not a seizure, and he voluntarily stopped

Following defendant in an unmarked car was not a seizure. Defendant ultimately voluntarily stopped and talked to the officer. State v. Serini, 2025 Ore. App. LEXIS 446 (Mar. 19, 2025).* When defendant was placed in the patrol car, the officer … Continue reading

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OH2: Motion to suppress not proper to challenge authentication of a record for trial

A motion to suppress doesn’t lie just because the defense thinks that a record can be authenticated under Rule 901. State v. Wolfe, 2025-Ohio-866 (2d Dist. Mar. 14, 2025). “Because Phillips did not make a contemporaneous objection to either the … Continue reading

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D.N.J.: OSHA site inspection was on a neutral plan and particular

OSHA sought an inspection warrant for a cannabis producer in New Jersey. It was based on a neutral inspection plan [no complaints] and was particular in scope and therefore reasonable under the Fourth Amendment. United States v. Inspection Warrant, 2025 … Continue reading

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WA: Officers didn’t have to check whether MJ grow was state licensed before they sought a SW

“We hold that when viewed together, the facts in the affidavit were sufficient to establish probable cause to search all four properties, regardless of the fact that the odor of marijuana was only detected at two of the properties. Further, … Continue reading

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CA10: The district court properly held that officers climbing over a fence to get to ptf’s front door was a 4A violation, but QI applies, still

Officers came to plaintiff’s property to investigate a marijuana grow. His property was surrounded by a fence, and he didn’t respond to air horns to get his attention, so they climbed over the fence to be able to get to … Continue reading

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