Category Archives: State constitution

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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NM declines to adopt third-party doctrine in bank records under state constitution

“In this opinion we address whether, pursuant to Article II, Section 10 of the New Mexico Constitution, defendants Ismael and Angela Adame (the Adames) had a reasonable expectation of privacy in personal financial records maintained by their banks. We hold … Continue reading

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MN: REP in hotel registry information under state constitution

A hotel customer has a reasonable expectation of privacy in the hotel’s registry information about the customer from government intrusion, at least with reasonable suspicion under the state constitution. The statute permitting inspection is constitutional with this limitation. The officer’s … Continue reading

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MI Const. search and seizure provision is not coextensive with 4A

The Michigan Supreme Court sets aside part of a Court of Appeals decision that says that the Michigan Constitution’s search and seizure provision is coextensive with the Fourth Amendment because it’s not. Otherwise, it declines review of the decision. People … Continue reading

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TX14: Vehicle coming back as “no record” in database check is RS for stop

The fact defendant’s vehicle came back as “no record” from the Texas law enforcement databases was reason for a stop as unlicensed. After the valid stop, defendant consented. Villarreal v. State, 2020 Tex. App. LEXIS 3180 (Tex. App. – Houston … Continue reading

Posted in Inventory, Reasonable suspicion, Standing, State constitution | Comments Off on TX14: Vehicle coming back as “no record” in database check is RS for stop

OR: Asking about drugs in car during an “unavoidable lull” in traffic stop was unreasonable under state constitution

Asking about drugs in the car during an “unavoidable lull” in the stop was unreasonable under the state constitution under Arreola-Botello. State v. McBride, 303 Ore. App. 292, 2020 Ore. App. LEXIS 433 (Apr. 1, 2020), on remand from 366 … Continue reading

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