Category Archives: Informant hearsay

AR: Questions about legality of search before jury properly excluded under 403

Where the trial court denied the pretrial motion to suppress, cross-examination of the officer about the legality of the search was properly denied on objection by the state as potentially misleading to the jury. Damon v. State, 2025 Ark. App. … Continue reading

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OH5: When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed

When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed. State v. Alexander, 2025-Ohio-236 (4th Dist. Jan. 23, 2025). In an animal seizure case, state law requires a post-seizure administrative … Continue reading

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VI: Multiple falsities about CI made successful Franks challenge

Defendant succeeded in his Franks challenge on misleading statements about the CI as an observer rather than participant in the crime and the affidavit lacked corroborating investigative facts and omitted information about W1’s lies. All this was material to the … Continue reading

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E.D.N.Y.: Anonymous report of man threatening others with a gun didn’t provide RS

The anonymous report about a man threatening others in Queens adequately described defendant but it provided nothing to show that there was a crime in the offing. The stop and search was without reasonable suspicion. “On this record, it is … Continue reading

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C.D.Cal.: Running criminal history of passenger unreasonably prolonged the stop

The stop was valid, but the stop was unreasonably prolonged without reasonable suspicion when running the criminal history of the passenger. That was not part of the incidents of the traffic stop. The frisk was also unreasonable. Also, “The Court … Continue reading

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ID: DV NCO denies def standing in premises

Issuance of an NCO on defendant denies him standing when he was found in the premises he was ordered from. He has no reasonable expectation of privacy once ordered away. Prior cases in accord are not overruled. State v. Ortiz, … Continue reading

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C.D.Cal.: Warehouse used as a residence required admin. warrant for fire inspection

A fire inspection of a warehouse that was being used as a residence was subject to the administrative warrant requirement. No exception applies. Hannan v. L.A. Cty. Fire Dep’t, 2024 U.S. Dist. LEXIS 235999 (C.D. Cal. Dec. 9, 2024). 2254 … Continue reading

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CA4: Ditching backpack when hiding from police was abandonment

Defendant abandoned his backpack when he ditched it in a motel stairwell when he was fleeing the police. United States v. Mayberry, 2025 U.S. App. LEXIS 300 (4th Cir. Jan. 7, 2025). Leaving one’s backpack and a trashbag in the … Continue reading

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W.D.Wash.: Hypothetical 4A violation from civil investigative demand doesn’t confer Art. III standing

Hypothetical future Fourth Amendment injury from a state AG’s civil investigative demand doesn’t confer Art. III standing. Obria Grp., Inc. v. Ferguson, 2025 U.S. Dist. LEXIS 1166 (W.D. Wash. Jan. 3, 2025). “Here, a common-sense review of the warrant affidavit … Continue reading

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D.Minn.: Disavowing ownership of the thing seized means no standing

“Here, Jackson appears to have denied any possessory interest in the SUV and the backpack. (Dkt. 22 ¶ 7 (‘Jackson was not the registered owner of the vehicle. He further claims all of the items in the vehicle and the … Continue reading

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CA5: Where 4A claim undecided below, it doesn’t form basis for stay

In the appeal of Texas Top Cop Shop, Inc. v. Garland, posted here, the Fifth Circuit doesn’t rely on the undecided Fourth Amendment claim in deciding on a stay. 2024 U.S. App. LEXIS 32565 (5th Cir. Dec. 23, 2024).* The … Continue reading

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IA: Rental inspection ordinance not facially unconstitutional; administrative warrants required

The city’s rental property inspection ordinance does not fail under the state constitution’s search and seizure clause because it is not facially void in all circumstances. Administrative warrants can be obtained when there’s a proper showing. Singer v. City of … Continue reading

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OH3: Going right into pockets was an invalid frisk

The state failed to prove the necessity for a stop and frisk because the video shows the officer going right into defendant’s pockets and not frisking. State v. Barnes, 2024-Ohio-5865, 2024 Ohio App. LEXIS 4519 (3d Dist. Dec. 16, 2024). … Continue reading

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CA6: Pending state court action was place to bring 4A claim under Younger

A state court action was going on involving plaintiff and his wetlands in Michigan, and he was enjoined from certain things. After state inspectors took soil and water samples, he sued in federal court. Younger abstention applies, and the state … Continue reading

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E.D.Mo.: It was settled over 50 years ago that an officer could surreptitiously record a face-to-face conversation

“Bolden’s entire focus is on recordings between himself and an undercover federal agent who was outfitted with a covert recording device. The government is correct-Bolden’s argument is foreclosed by long-standing caselaw.” As in 1971. United States v. Bolden, 2024 U.S. … Continue reading

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NY3: “Common sense” that a drug dealer might have evidence on his cell phone isn’t PC

Just because defendant was a suspected drug dealer, there wasn’t probable cause for searching his cell phone. “While [officer] Bruno recounted that there was a quantity of drugs found in the motel room, along with the two phones, he did … Continue reading

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W.D.Mich.: Search and seizure Brady, even if there was one, wouldn’t change the outcome

Defendant makes a 2255 Brady claim about the information for his search and seizure. But, it doesn’t change the outcome. “Defendant fails to explain, and the Court fails to discern, how inclusion of the information Defendant sets forth in support … Continue reading

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Leftovers

2255 petitioner fails to show grounds for a CoA from his search claims, without telling us the rationale. United States v. Renteria, 2024 U.S. App. LEXIS 30239 (5th Cir. Nov. 26, 2024).* Defendant’s stop and frisk was without reasonable suspicion. … Continue reading

Posted in § 1983 / Bivens, Cell phones, Informant hearsay, Reasonable suspicion, Reasonableness, Stop and frisk, Strip search | Comments Off on Leftovers

CA2: No less intrusive measures requirement before seeking CSLI

“The CSLI and cell-site simulator warrants provided evidence of the general and specific location of one of Brown’s cell phones and, therefore, of Brown’s likely movements between his indictment and arrest. Brown contends that investigators procured these warrants by falsely … 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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