Category Archives: State constitution

IN: Handswabbing for evidence doesn’t require advice of rights under state constitution

Handswabbing didn’t require advice of Pirtle rights under Indiana Constitution. DNA swabs don’t. Owens v. State, 2024 Ind. App. LEXIS 316 (Nov. 20, 2024).* The false statements in the affidavit for warrant were neither reckless nor intentional nor even material. … Continue reading

Posted in DNA, Franks doctrine, Rule 41(g) / Return of property, State constitution | Comments Off on IN: Handswabbing for evidence doesn’t require advice of rights under state constitution

PA: Merely reaching in car to secure gun in plain view was reasonable under state’s more stringent automobile exception

It was reasonable for the officer to reach in an open door and secure a gun seen in plain view under Pennsylvania’s more stringent automobile exception. Commonwealth v. Saunders, 2024 Pa. LEXIS 1734 (Nov. 20, 2024) (and there’s three opinions; … Continue reading

Posted in Automobile exception, Plain view, feel, smell, State constitution | Comments Off on PA: Merely reaching in car to secure gun in plain view was reasonable under state’s more stringent automobile exception

OR: SW not particular for wholesale digital searches

The electronic search categories any digital storage devices in this search warrant are not particular under the state constitution. Remanded for determination of remedy. State v. Curry, 336 Or. App. 72 (Nov. 6, 2024):

Posted in Computer and cloud searches, Particularity, State constitution | Comments Off on OR: SW not particular for wholesale digital searches

OK: Exclusion not the remedy for knock-and-announce violation under state constitution either

Exclusion is not the remedy for a knock-and-announce violation, following Hudson under state constitution, too. State v. Velasquez, 2024 OK CR 29, 2024 Okla. Crim. App. LEXIS 28 (Oct. 24, 2024). Officers had a warrant for defendant’s arrest, and when … Continue reading

Posted in Automobile exception, Knock and announce, Probable cause, Reasonable suspicion, State constitution | Comments Off on OK: Exclusion not the remedy for knock-and-announce violation under state constitution either

WA state exclusionary rule is categorical, and a new crime alone isn’t enough for attenuation

The Washington State constitutional exclusionary rule is categorical and a privacy violation almost always results in exclusion. They had already rejected the good faith exception under state law. Here, it was attenuation, and a new crime alone isn’t enough. State … Continue reading

Posted in Attenuation, Exclusionary rule, State constitution | Comments Off on WA state exclusionary rule is categorical, and a new crime alone isn’t enough for attenuation

CA11: Week’s delay in getting SW for cell phone was reasonable; def in custody and didn’t ask for it back.

The warrant for defendant’s cell phone wasn’t issued for a week, but the delay was reasonable. He was in jail with a diminished privacy interest, and he didn’t ask for it back. United States v. Watson, 2024 U.S. App. LEXIS … Continue reading

Posted in Burden of proof, Cell phones, Reasonable suspicion, Reasonableness, State constitution, Warrant execution | Comments Off on CA11: Week’s delay in getting SW for cell phone was reasonable; def in custody and didn’t ask for it back.

UT: Def satisfied “shocking the conscience” standard for recording a telephone call while under a protective order and he couldn’t fully respond

The court finds officers baiting defendant into a recorded phone call where he was under a protective order and could not adequately respond “shocked the conscience” and would be suppressed. State v. Lewis, 2024 UT App 96, 2024 Utah App. … Continue reading

Posted in Franks doctrine, Qualified immunity, State constitution | Comments Off on UT: Def satisfied “shocking the conscience” standard for recording a telephone call while under a protective order and he couldn’t fully respond

D.Ariz.: “The standard for probable cause in forfeiture proceedings resembles that required to support a search warrant”

“‘The standard for probable cause in forfeiture proceedings resembles that required to support a search warrant. The determination of probable cause is based upon a “totality of the circumstances” test, and the government’s evidence must be more than that which … Continue reading

Posted in Attenuation, Forfeiture, Probable cause, Reasonable suspicion, State constitution | Comments Off on D.Ariz.: “The standard for probable cause in forfeiture proceedings resembles that required to support a search warrant”

MT: Entry onto def’s rural land past “Posted” and “No Trespassing” signs to issue a traffic citation was unreasonable

Entry onto defendant’s rural land past “Posted” and “No Trespassing” signs to issue a traffic citation was unreasonable. Montanans have a heightened expectation of privacy in their posted rural lands. State v. Lanchantin, 2024 MT 129 (June 18, 2024). Defendant’s … Continue reading

Posted in Curtilage, Informant hearsay, Issue preclusion, State constitution, Trespass | Comments Off on MT: Entry onto def’s rural land past “Posted” and “No Trespassing” signs to issue a traffic citation was unreasonable

TN: “Possessions” in search clause of state const. gives REP in rural hunting land

Because the Tennessee Constitution uses “possessions” rather than “effects,” plaintiff had a reasonable expectation of privacy in rural land that he used that wildlife officers entered upon to enforce hunting laws. Rainwaters v. Tenn. Wildlife Res. Agency, 2024 Tenn. App. … Continue reading

Posted in Particularity, State constitution, Waiver | Comments Off on TN: “Possessions” in search clause of state const. gives REP in rural hunting land

WA: Failure to argue the state constitution to the trial court waived reliance on it on appeal

Failure to argue the state constitution to the trial court waived reliance on it on appeal. State v. Troutman, 2024 Wash. App. LEXIS 672 (Apr. 8, 2024). There was reasonable suspicion for lengthening this detention from the fact the LPN … Continue reading

Posted in DNA, Reasonable suspicion, State constitution, Waiver | Comments Off on WA: Failure to argue the state constitution to the trial court waived reliance on it on appeal

MN: The state const. doesn’t bar geofence warrants, and this one was issued with PC under 4A and state constitution

Syllabus: “Geofence warrants, which authorize law enforcement to obtain location-history data of cellular devices that were within a defined area during a specified time frame, are not categorically prohibited by the United States and Minnesota Constitutions as general warrants, but … Continue reading

Posted in geofence, State constitution | Comments Off on MN: The state const. doesn’t bar geofence warrants, and this one was issued with PC under 4A and state constitution

Iowa does not recognize state constitutional torts; here excessive force

Iowa does not recognize state constitutional torts; here excessive force. “Krystal Wagner, individually and as the administrator of the estate of her son, Shane Jensen, appeals the district court decision granting summary judgment to the State and Officer William Spece … Continue reading

Posted in Emergency / exigency, Seizure, State constitution | Comments Off on Iowa does not recognize state constitutional torts; here excessive force

NM: Def had standing in zippered bag in car under state constitution despite denial of ownership at trial

Defendant filed a motion to suppress the inventory search of a black zippered bag in his car. At trial, however, he denied the bag was his. He still had standing under the state constitution because of the higher expectation of … Continue reading

Posted in Standing, State constitution | Comments Off on NM: Def had standing in zippered bag in car under state constitution despite denial of ownership at trial

Cal.4: Def passed out 45 min. after arrival at hospital; officer’s failure to get SW for blood draw was inexcusable, so no GFE either

Defendant was transported to the hospital after a vehicle accident. The officer was attempting to talk to him. Defendant was lethargic and had a hard time answering questions. About 45 minutes into the hospital stay, he passed out. Blood was … Continue reading

Posted in Body searches, Consent, Drug or alcohol testing, Reasonable expectation of privacy, State constitution | Comments Off on Cal.4: Def passed out 45 min. after arrival at hospital; officer’s failure to get SW for blood draw was inexcusable, so no GFE either

WV: State did not justify “officer safety” as reason for entry

The state failed to justify the entry here on officer safety grounds because their neighbor disturbance call included no reference to potential violence or threats and no good reason could be articulated other than “officer safety” which essentially is always … Continue reading

Posted in Informant hearsay, Plain view, feel, smell, Protective sweep, State constitution | Comments Off on WV: State did not justify “officer safety” as reason for entry

E.D.Ky.: Overnight guest ordered out no longer had REP

Defendant was an overnight guest, but the homeowner told him to get out and called the police on him because he was tearing the place up. “The Court finds it doubtful that “society is prepared to recognize as reasonable” Starghill’s … Continue reading

Posted in Cell site location information, Probable cause, Reasonable expectation of privacy, State constitution | Comments Off on E.D.Ky.: Overnight guest ordered out no longer had REP

OR: State const. doesn’t bar checking for warrants during traffic stop

Officers are not prohibited under the state constitution from checking for outstanding warrants during a traffic stop, during a lull or not. There are valid safety and policy reasons for it. State v. Civil, 328 Or App 662, 2023 Ore. … Continue reading

Posted in Burden of pleading, Immigration arrests, Reasonable suspicion, State constitution | Comments Off on OR: State const. doesn’t bar checking for warrants during traffic stop

D.Conn.: State constitutional argument has no basis in federal prosecution

In a federal case, defendant’s argument the state Constitution was violated in his search means nothing in a federal criminal prosecution. The search was valid under the Fourth Amendment’s collective knowledge doctrine, and it was properly limited in scope. United … Continue reading

Posted in Abandonment, Probable cause, State constitution | Comments Off on D.Conn.: State constitutional argument has no basis in federal prosecution

ME: State constitutional arguments must be developed; citing it not enough

(1) The tracking device placed on defendant’s vehicle by court order was with probable cause. (2) “For a claim under the Maine Constitution to be deemed preserved for our review, however, the party advancing the claim cannot merely allude to … Continue reading

Posted in Issue preclusion, Seizure, State constitution, Warrant execution | Comments Off on ME: State constitutional arguments must be developed; citing it not enough