Category Archives: State constitution

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

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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

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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

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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

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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

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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

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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

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ID: Pleading only state constitution waived 4A

Defendant’s pleading only the state constitution waived the Fourth Amendment claim. State v. Bell, 2023 Ida. LEXIS 95 (Aug. 15, 2023). Defendant complained trial counsel was ineffective for not challenging a search of house that was allegedly burglarized and defendant’s … Continue reading

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CA4: Govt conceded delay for dog, but can’t show it was with RS

The government concedes that there was delay during the stop, but it was all without reasonable suspicion. The officer was looking for other summonses on defendant, including child support orders, where he had no idea there were any. “Finally, Deputy … Continue reading

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W.D.Mo.: No standing in a stolen car

No reasonable expectation of privacy [standing] in a stolen car. United States v. Burkhalter, 2023 U.S. Dist. LEXIS 120556 (W.D. Mo. July 13, 2023). On a probation search, “Applying these principles, the Court finds that Brooks has failed to meet … Continue reading

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FL1: If trial court refuses to unseal SW affidavit, in camera review must be sought to preserve issue

Defendant sought unsealing of the search warrant affidavit which the state successfully resisted on the ground of informant privilege in other ongoing investigations. The defense never sought in camera review. Without that, the issue was unpreserved for appellate review. Leverette … Continue reading

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NY: Requirement of electronic logging devices of hours trucks are driven is reasonable under NY Const.

Electronic logging devices required under the Federal Motor Carrier Safety Administration adopted in New York survive a facial challenge. “We hold that the warrantless inspections authorized by the regulations fall within the administrative search exception to the warrant requirement and … Continue reading

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WA: Officer’s opening door for welfare check was minimal when he saw body in plain view

The warrantless entry into the home shared by the victim and defendant was justified because the officer’s concern for the victim was reasonable. She had not reported for work, she was not answering her phone, her car was parked in … Continue reading

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E.D.N.Y.: Not responding to govt’s 4A response brief amounts to waiver

Not responding to the Fourth Amendment issues in post-hearing briefing was waiver. Defendant loses on the merits anyway. Defendant retrieved sham cocaine (replaced by CBP) in the avionics compartment of an American Airlines plane. He consented to the search of … Continue reading

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MA: Horizontal collective knowledge requires officers communicate with each other

Horizontal collective knowledge in Massachusetts requires the officers communicate with each other and share information. Commonwealth v. Privette, 2023 Mass. LEXIS 86 (Mar. 28, 2023):

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OH3: Threat to get a SW didn’t coerce consent where there was PC for one

Defendant was alleged to have consented to a blood draw in a DUI case. When he hesitated, the officer said that he’d get a search warrant if defendant didn’t go through with it. There’s a difference between the officer saying … Continue reading

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ID rejects “reasonable mistake of law” and Heien under state constitution; state’s exclusionary rule is broader

Idaho declines to adopt the “reasonable mistake of law” rule and suppresses a search incident to a warrantless arrest for a completed misdemeanor. The state’s exclusionary rule isn’t just to deter illegal police misconduct – it is considerably more, and … Continue reading

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HI: Miranda warnings required whenever PC develops for arrest

“Miranda warnings are required by article I, section 10 of the Constitution of the State of Hawai’i when probable cause to arrest has developed. And in Hewitt’s case, contrary to the ICA’s conclusion, probable cause had developed before she was … Continue reading

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WA: Stop to inquire of paying transit fare violated state constitution

Defendant’s freedom under the state constitution to not be interfered with in his private affairs was violated by a stop and inquiry whether he had paid a transit fare. He provided a false name that led to his prosecution for … Continue reading

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VT: Realtime CSLI (“pinging”) requires a SW under state constitution

Realtime CSLI (“pinging”) requires a search warrant under the state constitution, following some states. That information is not regularly kept by cell phone providers, and the state has an interest in protecting that privacy interest. State v. Murphy, 2023 VT … Continue reading

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