Category Archives: Reasonableness

W.D.Wash.: 14 month delay in searching seized cell phone was reasonable because it wouldn’t have been returned anyway

A 14 month delay between seizure and search of defendant’s cell phone was not unreasonable because the phone would not have been returned to defendant in any event. Plus, he was in jail and couldn’t possess it. United States v. … Continue reading

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CA7: State law violation for tracking warrant not a 4A violation

Defendant was tracked by a state issued tracking warrant. A state imposed limitation on the tracking warrant was arguably violated, but that doesn’t by any means mean that the Fourth Amendment was violated when his case was brought in federal … Continue reading

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OH5: State’s claim of reasonable mistake of fact rejected: statute not ambiguous and not violated

The state’s claim of a Heien-type mistake of law fails. The statute is not ambiguous, and the defendant didn’t violate it. State v. Trout, 2019 Ohio ___, 2019 Ohio App. LEXIS 124 (5th Dist. Jan. 15, 2019). Defendant operated a … Continue reading

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CA2: Remand required for determination for reason for delay in getting computer SW

Defendant was found passed out in a car on a rural road with the car in gear and the engine running. A tablet was on the seat. Searching the car for information about him, an image of child pornography was … Continue reading

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ABAJ: Law requiring Airbnb to turn over detailed data likely violates Fourth Amendment, judge says

ABAJ: Law requiring Airbnb to turn over detailed data likely violates Fourth Amendment, judge says by Debra Cassens Weiss:

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Lawfare: Fourth Amendment Reasonableness After Carpenter v. United States

Lawfare: Fourth Amendment Reasonableness After Carpenter v. United States by Alan Z. Rozenshtein.

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W.D.N.Y.: Alleged state procedural errors in issuing SW is irrelevant under 4A in federal court

“As a threshold matter, defendant Nelson’s objection that the search warrant was per se invalid because no verbatim record of the informant’s testimony as required by N.Y.C.P.L. § 690.36 was preserved is mistaken. Whether the search warrant for the defendant’s … Continue reading

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New law review article: Fourth Amendment Reasonableness After Carpenter

This brief essay is great insight into arguing the next steps of Carpenter, reasonableness, property rights, and whether the reasonable expectation of privacy test will be changed. We recommend you read all you can about Carpenter because the right reasonableness … Continue reading

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W.D.Pa.: Court doesn’t find running away from a wrecked car was unequivocally an abandonment

Defendant was an accused bootlegger who knew he was being tailed and he wrecked his car and ran away. The court doesn’t find this to be unequivocally an abandonment because he knew he was being followed but not necessarily by … Continue reading

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W.D.Mo.: A reasonable but mistaken belief defendant’s car was just involved in a burglary justified its stop

A reasonable but mistaken belief defendant’s car was just involved in a burglary justified its stop. United States v. Morgan, 2018 U.S. Dist. LEXIS 208715 (W.D. Mo. Oct. 31, 2018), adopted, 2018 U.S. Dist. LEXIS 207735 (W.D. Mo. Dec. 10, … Continue reading

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N.D.Ga.: Surreptitiously made recording invalid by Georgia statute is still admissible in federal court

A surreptitiously made recording invalid by Georgia statute is still admissible in federal court. United States v. Kilpatrick, 2018 U.S. Dist. LEXIS 208799 (N.D. Ga. Nov. 1, 2018), adopted, 2018 U.S. Dist. LEXIS 208223 (N.D. Ga. Dec. 10, 2018). At … Continue reading

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D.Ore.: Where the detention was with RS, the fact it took an hour to get a free drug dog there wasn’t unreasonable

The officer had reasonable suspicion for detention for the dog sniff. Then it took an hour to get a drug dog there because the police were busy that night. It was not unreasonable on the totality. United States v. Krumwiede, … Continue reading

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