Category Archives: Scope of search

D.Alaska: Seizure of syringe during Terry frisk was reasonable

Seizure of a syringe from defendant’s pocket in a Terry frisk was reasonable even though it could have been a pen. Other things, no. United States v. Endsley, 2023 U.S. Dist. LEXIS 166997 (D. Alaska Sep. 20, 2023). Plaintiff sued … Continue reading

Posted in Scope of search, Seizure, Stop and frisk | Comments Off on D.Alaska: Seizure of syringe during Terry frisk was reasonable

D.Md.: Instagram SW was valid by GFE despite weak PC, but it was excessively searched

“The Instagram Motion [to suppress] will be granted in part. Although the probable cause to search Rivers’ Instagram account was weak, the Leon good faith exception applies and the evidence will therefore not be suppressed on the basis of a … Continue reading

Posted in DNA, Excessive force, Scope of search, Social media warrants | Comments Off on D.Md.: Instagram SW was valid by GFE despite weak PC, but it was excessively searched

CA5: Arrest on curtilage was subject to questions of fact

Plaintiff raised questions of fact and law as to the officer’s authority to arrest him in his front yard on the curtilage. Summary judgment denied on the merits, but remanded for further qualified immunity analysis. Sauceda v. City of San … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Qualified immunity, Scope of search | Comments Off on CA5: Arrest on curtilage was subject to questions of fact

CA3: The search exceeding the scope of a warrant justified suppression

The search exceeding the scope of a warrant justified suppression: “But here, the benefit of suppression is neither marginal nor nonexistent. The agents exceeded the scope of authority conferred by the warrant when they either ignored or disregarded the risk … Continue reading

Posted in Exclusionary rule, Franks doctrine, Scope of search | Comments Off on CA3: The search exceeding the scope of a warrant justified suppression

OH8: Dog alert on a car permits search of containers in it

A dog alert on a car was probable cause for a search of it and containers, here a backpack. State v. Kumuhone, 2023-Ohio-2586, 2023 Ohio App. LEXIS 2554 (8th Dist. July 27, 2023). “The contemporaneous tip, the visual details that … Continue reading

Posted in Automobile exception, Dog sniff, Foreign searches, Reasonable suspicion, Scope of search, Seizure | Comments Off on OH8: Dog alert on a car permits search of containers in it

Cal.3: PC to search passenger compartment for gun didn’t extend to the trunk

Officers had probable cause to search defendant’s passenger compartment for a firearm. When the gun wasn’t found there, the officer searched the trunk, finding it. The probable cause, however, did not extend to the trunk. People v. Leal, 2023 Cal. … Continue reading

Posted in Franks doctrine, Probable cause, Reasonable suspicion, Scope of search | Comments Off on Cal.3: PC to search passenger compartment for gun didn’t extend to the trunk

D.D.C.: SEC admin subpoena for law firm cyberattack was narrowed to only affected clients

Covington & Burling was the target of a cyberattack, and the SEC investigated. It wanted the names of all affected clients, but C&B resisted, seeking narrower disclosure. The law firm agreed that only certain affected clients should be disclosed, and … Continue reading

Posted in Administrative search, Scope of search | Comments Off on D.D.C.: SEC admin subpoena for law firm cyberattack was narrowed to only affected clients

D.Md.: Surveillance and bodycam video supported officer’s contention def had a firearm in sweatshirt pocket

The court viewed the CCTV and body cam videos (included in the opinion) and it’s apparent defendant had a gun in his sweatshirt pocket. “Not every bulge is a weapon,” but this one apparently was. That justified the frisk. United … Continue reading

Posted in Excessive force, Protective sweep, Reasonable suspicion, Scope of search | Comments Off on D.Md.: Surveillance and bodycam video supported officer’s contention def had a firearm in sweatshirt pocket

NJ: Search incident at hospital 90 minutes after arrest was reasonable

Defendant was arrested for first-degree aggravated manslaughter as a result of an accident after he injected himself with fentanyl-laced heroin. He was under arrest at the scene, but he wasn’t actually searched until he was in the hospital. The search … Continue reading

Posted in Scope of search, Search incident, Standing | Comments Off on NJ: Search incident at hospital 90 minutes after arrest was reasonable

OH5: Pickup of visitor parked on street could be searched with SW for premises where it was suspected of drug transactions there

Defendant’s pickup was parked on the street in front of another man’s house that was searched with a warrant. His truck was searched too, but wasn’t mentioned in the warrant. “We find the search of the truck was authorized by … Continue reading

Posted in Burden of pleading, Burden of proof, Probation / Parole search, Scope of search, Standing, Warrant execution | Comments Off on OH5: Pickup of visitor parked on street could be searched with SW for premises where it was suspected of drug transactions there

MO: When a backpack is abandoned, that includes the sealed packages inside it

When defendant’s backpack was abandoned, that included sealed packages inside it. State v. Fernandez, 2023 Mo. App. LEXIS 461 (June 27, 2023). “Nonetheless, the Durham Court’s general statement, that having a roommate does not convert a single-family house into a … Continue reading

Posted in Abandonment, Consent, Issue preclusion, Reasonable suspicion, Scope of search | Comments Off on MO: When a backpack is abandoned, that includes the sealed packages inside it

NJ: Smell of mj in the passenger compartment doesn’t justify search of trunk or engine compartment

Where the officer smelled marijuana in the passenger compartment and searched for it finding nothing, a search of the engine compartment and trunk was excessive under the automobile exception. From the syllabus : “Expanding the search to the engine compartment … Continue reading

Posted in Emergency / exigency, Franks doctrine, Probable cause, Scope of search | Comments Off on NJ: Smell of mj in the passenger compartment doesn’t justify search of trunk or engine compartment

NE: Cell phone tower dump 15 min. before and after a shooting was reasonable

A cell phone tower dump for 15 minutes before and after a shooting was reasonable. It did not implicate the “privacies of life” that would be with CSLI for an extended period of time, as in Carpenter. State v. Elias, … Continue reading

Posted in Cell site location information, Probable cause, Reasonable suspicion, Scope of search | Comments Off on NE: Cell phone tower dump 15 min. before and after a shooting was reasonable

M.D.Pa.: Once police executing a warrant on a home discover it’s multi-family, the search must end and a new SW be obtained

After the police entered the building and conducted a security sweep, they discovered only then it was actually a multi-occupant dwelling. There was no outward appearance there were multiple non-family occupants. The first entry finding a gun was valid. The … Continue reading

Posted in Ineffective assistance, Pole cameras, Privileges, Scope of search | Comments Off on M.D.Pa.: Once police executing a warrant on a home discover it’s multi-family, the search must end and a new SW be obtained

WA: Driver couldn’t consent to search of passenger’s backpacks

Defendant was in a car that was stopped for a traffic offense. He had warrants and he tried to flee the scene, but didn’t get far. In the car were his backpacks. The driver consented to a search of the … Continue reading

Posted in Consent, Custody, Franks doctrine, Scope of search, Voluntariness | Comments Off on WA: Driver couldn’t consent to search of passenger’s backpacks

GA: Cell phone call SW was limited and not overbroad

The warrant for the cell phone’s call data was limited in time and reasonable. “Because, using a practical margin of flexibility, the date ranges in the search warrants were as specific as the circumstances and nature of the activity under … Continue reading

Posted in Cell phones, Consent, Overbreadth, Scope of search | Comments Off on GA: Cell phone call SW was limited and not overbroad

NY: Second SW for phone a year later after first SW failed to show PC wasn’t timely

The first cell phone search warrant was rejected for lack of probable cause. It only provided a generic description of cell phones as repositories of potential evidence without linking it to this case. The phone was still in the evidence … Continue reading

Posted in Cell phones, Reasonable suspicion, Reasonableness, Scope of search | Comments Off on NY: Second SW for phone a year later after first SW failed to show PC wasn’t timely

GA: Not objecting to mention of “probation” search at trial was not IAC

Not objecting to defendant’s probation status where it came up as a probation search was not unreasonable. Plus, it would have otherwise come in. “Hutcheson’s probation status was thus necessary to complete the State’s story of the crime. Trial counsel’s … Continue reading

Posted in Cell phones, Good faith exception, Probation / Parole search, Scope of search | Comments Off on GA: Not objecting to mention of “probation” search at trial was not IAC

N.D.Ga.: This is not an “all records” warrant; it was limited to mostly activities in Ethiopia

This was not an “all records” search warrant. It was limited to evidence of defendant’s “affiliation and association with” civilian militias in Ethiopia and that he was indicted and convicted in absentia there. United States v. Belayneh, 2023 U.S. Dist. … Continue reading

Posted in Particularity, Scope of search | Comments Off on N.D.Ga.: This is not an “all records” warrant; it was limited to mostly activities in Ethiopia

S.D.Ga.: SW for premises is for evidence and requires no crime on the premises

“An affidavit seeking a search warrant for a residence need not contain ‘an allegation that the illegal activity occurred at the location,’ … but it ‘should establish a connection between the defendant and the residence to be searched and a … Continue reading

Posted in Foreign searches, Probable cause, Scope of search, Standing | Comments Off on S.D.Ga.: SW for premises is for evidence and requires no crime on the premises