Category Archives: Consent

KS: Def voluntarily disclosed his cell phone passcode to the officers when the officer said he’d get a warrant

Defendant voluntarily disclosed his cell phone passcode to the officers when the officer said he’d get a warrant for it. State v. Harris, 2025 Kan. LEXIS 5 (Jan. 31, 2025):

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CA6: SW for safe 5 days after seizing it was a reasonable delay

The seizure of defendant’s safe was with probable cause. Getting a warrant to search it five days later was reasonable. United States v. Grundy, 2025 U.S. App. LEXIS 1526 (6th Cir. Jan. 22, 2025).* The totality of circumstances showed probable … Continue reading

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CA7: Even if police potentially escalated the situation, ptf’s use of a gun justified deadly force

Even if the officers failed to properly announce themselves and even if the defendants’ actions exacerbated the possibility of a dangerous confrontation, Ancheta’s action, the use of his gun, was an intervening cause of the deadly force. The defendants escalated … Continue reading

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CA9: Consent obtained by trickery is not voluntary

Consent obtained by trickery is not voluntary. United States v. Beland, 2025 U.S. App. LEXIS 1019 (9th Cir. Jan. 16, 2025). “[T]here is no indication from the record that the consent was in any way coerced, that Fiallos-Pena and Verganza … Continue reading

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DE: Probation searches of individuals include their residence

The statute on individuals subject to probation searches includes their residences. State v. Crooks, 2024 Del. Super. LEXIS 830 (Dec. 31, 2024). There were exigent circumstances based on the reported gunshot, potential threat to officers and public safety, and the … Continue reading

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TX: Judge sanctioned for blocking DNA testing of class A misdemeanants without authority

A former judge of the Harris County Criminal Court was sanctioned by the Texas Supreme Court for issuing orders of protection barring the Sheriff from taking DNA samples from class A misdemeanants because the judge believed the statute requiring it … Continue reading

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E.D.Mo.: No claim where no damages shown for alleged unreasonable dog sniff; nothing was found, detention was otherwise reasonable

Officers were surveilling a van that they believed might have a connection to an unsolved homicide. They observed what appeared to be hand-to-hand drug transactions, and the van’s LPN was expired. They approached. There were others around the van, and … Continue reading

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WI: Not coercive to tell def officer will get SW if he doesn’t consent when there is PC

It’s not coercive to tell a suspect that the officer will get a search warrant if he doesn’t consent when there’s probable cause. State v. Gore, 2025 Wisc. App. LEXIS 7 (Jan. 7, 2025). There was probable cause for defendant’s … Continue reading

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W.D.Pa.: Hidden bodycams used to record conversations in unmarked police cars between officers violated REP

Hidden bodycams used to record conversations in unmarked police cars between officers violated a reasonable expectation of privacy and likely Title III. Baker v. City of Pittsburgh, 2025 U.S. Dist. LEXIS 2157 (W.D. Pa. Jan. 6, 2025). The search of … Continue reading

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E.D.Mo.: Even though threatened with obstruction if he didn’t, defendant consented to seizure of cell phone

The officer had probable cause to believe defendant took a video of a young girl in his house in the bathtub. Defendant was persuaded to turn over the phone and it was consensual. He was told that he might be … Continue reading

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E.D.Ky.: § 1983 complaint against his state case is barred by Younger

Plaintiff’s § 1983 complaint against his state case is barred by Younger. Cuffee v. Cabuay, 2024 U.S. Dist. LEXIS 233153 (E.D. Ky. Dec. 27, 2024).* Defendant has no standing to challenge the search of another person’s cell phone. United States … Continue reading

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CA5: Ptf’s excessive force claim arising from a traffic stop expands Bivens

Plaintiff’s shooting during a traffic stop gone bad is an expansion of Bivens and is rejected. Hernandez v. Causey, 2024 U.S. App. LEXIS 32527 (5th Cir. Dec. 23, 2024). Defendant had standing to contest the search of his room at … Continue reading

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IA: No REP in ER room from police entry for observations and questions

Defendant had no reasonable expectation of privacy in the ER room he was being treated in when the officer entered, observed him clearly intoxicated, and then elicited admissions from him. (The court considered both trespass and reasonable expectation of privacy … Continue reading

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E.D.Mo.: Squatter owner had knowledge of still had no standing

Defendant was essentially a squatter who was wrongfully on the premises and had no standing. The owner lived on the second floor, and he squatted on the first floor for months. The building was condemned. His claim the owner’s tolerating … Continue reading

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E.D.Mo.: Evidence of the search comes in because it “completes the story”

“‘Evidence of other wrongful conduct is considered intrinsic when it is offered for the purpose of providing the context in which the charged crime occurred.’ … ‘Intrinsic evidence may help to fill the gaps in the jury’s understanding of the … Continue reading

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D.Mass.: Gun suppressed in FIPF case still not excludable in violation of supervised release

Defendant was an alleged felon in possession and was charged with a new federal crime and a violation of his supervised release. He was sentenced to 22 months on the violation. The gun was suppressed in the new gun case … Continue reading

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N.Y.Co.: Shareholders cannot bring a 4A claim on behalf of a corporation that isn’t a party

Shareholders cannot bring a Fourth Amendment claim on behalf of a corporation that isn’t a party. Elfand v. Adams, 2024 NY Slip Op 24289, 2024 N.Y. Misc. LEXIS 19021 (N.Y. Co. Nov. 18, 2024). The CI’s information led to a … Continue reading

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D.Ariz.: SW not needed to turn over jail calls to DA

No search warrant is needed for the jail to turn over plaintiff’s jail telephone calls to the DA’s office. Wallace v. Maricopa Cty. Prosecutor’s Office, 2024 U.S. Dist. LEXIS 209545 (D. Ariz. Oct. 24, 2024).* When an officer invokes the … Continue reading

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W.D.N.Y.: The fact the issuing magistrate read fast didn’t mean he wasn’t neutral and detached

The fact the issuing magistrate had to read 65 pages in 21 minutes doesn’t mean he wasn’t neutral and detached. “The Court is not persuaded by Defendant’s assessment of Judge Morrison’s reading speed, which relies wholly on speculation.” United States … Continue reading

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D.Alaska: Arriving passenger stopped in airport consented to search

“Here, in contrast, Ms. Spadaro was an arriving passenger; her airplane ticket was a nonissue. There is no indication that law enforcement took her identification from her. And, despite her several requests to use the restroom, the audio recording supports … Continue reading

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