Category Archives: State constitution

AZ: Third party doctrine after Carpenter doesn’t require SW for IP addresses and subscriber info

The third party doctrine after Carpenter does not make IP addresses and subscriber information protected by the Fourth Amendment or the state constitution. State v. Mixon, 2021 Ariz. LEXIS 3 (Jan. 11, 2021):

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W.D.Wash.: Demand for records from federal govt didn’t state a Washington state law claim

A demand for records from the federal government doesn’t state a claim under Washington state law when plaintiff grudgingly gave up the records. Daviscourt v. United States, 2020 U.S. Dist. LEXIS 246610 (W.D. Wash. Dec. 10, 2020)*:

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PA state const. requires actual exigency for automobile exception

Resolving tension in its cases, Pennsylvania holds that its state automobile exception requires both probable cause and an actual exigency. Commonwealth v. Alexander, 2020 Pa. LEXIS 6439 (Dec. 22, 2020):

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CA9: Gratuitous dog bite can be excessive force; no QI here

“Our precedent clearly establishes that releasing a police dog to bite a person who neither endangers officers nor attempts to flee or resist arrest violates that person’s Fourth Amendment right to be free from unreasonable seizure. … Viewing the evidence … Continue reading

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AZ: CSLI order here in 2014 wasn’t a “warrant” but it complies with GFE

Also in a death penalty case, defendant’s CSLI was obtained by court order four years before Carpenter. The court finds that, while it wouldn’t treat the “order” as the functional equivalent of a search warrant [“reasonable grounds” wasn’t probable cause; … Continue reading

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GA: Where state constitution or statute are recognized to be susceptible to a broader interpretation than the 4A, appellant has to show why or how; otherwise, it’s waived

Defendant also relies on the state constitution as well as statute in addition to the Fourth Amendment. “However, Hinkson makes no argument that state law provides a rule substantively different as applied to this case from that of the Fourth … Continue reading

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MT: Private actor recording conversation on own didn’t violate state constitution

The Montana Constitution’s more “robust protection from government intrusions” still only protects against state action. A private actor recording a conversation without impetus from the state was not unreasonable. State v. Wolfe, 2020 MT 260, 2020 Mont. LEXIS 2436 (Oct. … Continue reading

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N.D.Ind.: Defense counsel not ineffective for challenging state search under state constitution and not 4A too

Defense counsel was not ineffective for making a state constitutional challenge to his search and not a Fourth Amendment one. If anything, the state challenge would have potentially provided him a better chance at relief, but it ultimately didn’t. If … Continue reading

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Massachusetts SJC revises and loosens its standard for claiming racial motivation for traffic stops under state constitution

Massachusetts SJC revises and loosens its standard for claiming racial motivation for traffic stops under state constitution. Commonwealth v. Long, 2020 Mass. LEXIS 520 (Sept. 17, 2020):

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WA: Ruse text messages with known contact violated state REP

A ruse police text message exchange with defendant with one of his known contacts violated his reasonable expectation of privacy under the state constitution’s right of privacy. State v. Bowman, 2020 Wash. App. LEXIS 2463 (Sept. 8, 2020):

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AK: Aerial surveillance of a residential backyard to photograph it with a telephoto lens violates the state constitution

Aerial surveillance of a residential backyard to photograph it with a telephoto lens violates the Alaska Constitution where the landowner took precautions to protect his privacy at ground-level. McKelvey v. State, 2020 Alas. App. LEXIS 71 (Sept. 4, 2020):

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Cal.: Defense SDT for Facebook account of shooting victim remanded for reconsideration under standards of state constitution of victim’s privacy rights

In a California specific holding, a criminal defense subpoena to Facebook for a shooting victim’s Facebook account (private and public) made enough of a sufficient showing of necessity to get a remand for consideration of the factors that justify intrusion … Continue reading

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Massachusetts holds long term pole camera surveillance of one’s home can violate REP and state constitution

Long term surveillance of defendant’s homes with pole cameras wasn’t a Fourth Amendment violation but it could violate the Massachusetts Constitution. Two defendants show a reasonable expectation of privacy under a “mosaic theory” which has been recognized in Massachusetts. Remanded … Continue reading

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MD: Officer had RS and consent for patdown

The officer had reasonable suspicion but he asked for consent to search defendant’s person for a weapon, which he granted. It was consensual on the totality. Defendant didn’t make a state constitutional argument in the trial court but did on … Continue reading

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PA: State waived challenge to def’s reliance on state constitution

The state waived its challenge to the defendant’s reliance on the state constitution by failure to litigate it below. Waiver claims have to be applied evenhandedly between the state and defendants. Commonwealth v. Wolfel, 2020 Pa. LEXIS 3797 (July 21, … Continue reading

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Law Rev. article: State-Constitutional Departures From the Supreme Court: The Fourth Amendment

LaKeith Faulkner & Christopher R. Green, State-Constitutional Departures From the Supreme Court: The Fourth Amendment, 89 Miss. L.J. _ (2020). Abstract:

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