Category Archives: Scope of search

Reason: Does Letting Police Enter Your House Give Them Permission To Wreck It?

Reason: Does Letting Police Enter Your House Give Them Permission To Wreck It? by Jacob Sullum The Institute for Justice asks the Supreme Court to clarify a doctrine that shields cops from responsibility for outrageous conduct.

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CO: When a person with apparent authority consents, an objection from another comes too late

Once one with apparent authority consents and the search starts, the other person’s finally objecting to the search comes too late. Williams v. People, 2019 CO 108, 2019 Colo. LEXIS 1280 (Dec. 23, 2019). Syllabus by the court:

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ID: Visitors during a parole search were subject to reasonable questioning

Visitors on the premises during a parole search are subject to at least some questions under Summers without it being an unreasonable detention. State v. Phipps, 2019 Ida. LEXIS 239 (Dec. 20, 2019):

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CA9: There is no heightened duty of a court to better explain the supervised release search condition

There is no heightened liberty interest in defendant’s being subjected to supervised release searches that require a heightened explanation from the court when it’s imposed. United States v. San Nicolas, 2019 U.S. App. LEXIS 37093 (9th Cir. Dec. 16, 2019). … Continue reading

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D.N.M.: A SW for CP doesn’t need to be limited to only devices on the premises police think were used; all can be searched

In a search warrant for child pornography, the warrant does not have to attempt to be limited to the only devices that the officers think downloaded the images; all devices on the premises can be searched, following codefendant’s case, United … Continue reading

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FL1: Patdown for drugs permitted cutting hole in def’s underwear to retrieve that which wouldn’t fall out

The officer smelled the strong odor in defendant’s car and got him out. There was the strong odor on defendant’s person, too. A patdown revealed a lump under defendant’s shorts. The officer tried to shake it loose and couldn’t. He … Continue reading

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IL: Once def was acquitted, seized computer data should have been returned, not searched again without a warrant

Defendant was a Peoria police officer being accused of sexual assault, and the Illinois State Police obtained a search warrant for his computer and other devices. The hard drives were copied with EnCase software. Defendant was tried on the sexual … Continue reading

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N.D.Iowa: A “Brinks box” in the house being searched with a warrant for drugs was subject to the search

A “Brinks box” in the house being searched with a warrant for drugs was subject to the search. United States v. Simmermaker, 2019 U.S. Dist. LEXIS 199422 (N.D. Iowa Oct. 25, 2019), adopted, 2019 U.S. Dist. LEXIS 198379 (N.D. Iowa … Continue reading

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VA: Def lacked standing in the car of his passenger he was driving

Defendant was driving a car that belonged to his passenger, and it was legitimately stopped because of an expired tag. The court gave a long exposé of property rights and standing useful in the future, but not for him because … Continue reading

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D.Idaho: Small business owner with 90% share has standing to challenge search of entire premises

As a 90% owner of a small business and the building in which it was located, an investment firm (and disregarding the assets they managed), he had standing to challenge the entirety of the search of the premises, not just … Continue reading

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OH2: Open-ended consent to search a car includes closed containers, here def’s purse

During a traffic stop, defendant consented to a search of her car. She was out of the car and her purse was inside. The consent was open-ended, and it thus would include closed containers, like her purse in the front … Continue reading

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NE: Where the smell of MJ justifies the search, the finding of a small quantity doesn’t require the search end

Defendant’s stop was for over-tinted windows. The officer could smell burnt marijuana, and he searched finding some in the console. Finding that, he was not obligated to stop searching. State v. Valentine, 27 Neb. App. 332, 2019 Neb. App. LEXIS … Continue reading

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