Category Archives: Reasonableness

CA9: LAPD’s and California’s 30 day vehicle impoundment policy violates 4A

LAPD’s and the State of California’s policy of requiring all impounded vehicles be held 30 days violates the Fourth Amendment. Plaintiff loaned her car to her brother-in-law who was arrested for a suspended license, and the car was impounded. She … Continue reading

Posted in Emergency / exigency, Reasonableness, Seizure | Comments Off

E.D.Mich.: Possible violation of state law doesn’t mean exclusion in federal court

The CI’s identity was not kept secret, and there was probable cause for the search warrant. The affidavit was not bare bones. The possible violation of state law isn’t shown to be of constitutional magnitude for exclusion of evidence in … Continue reading

Posted in Body searches, Reasonableness | Comments Off

MI: Predawn knock-and-talk was a trespass under Jardines; even Girl Scouts know better

Predawn (4 am in one case, 5:30 am in other) knock-and-talk was a trespass and violated social norms under Jardines. Implied license to enter the curtilage is time sensitive. People v. Frederick, 2017 Mich. LEXIS 1113 (June 1, 2017):

Posted in Knock and talk, Reasonableness, Trespass | Comments Off

MI: Unreasonable mistake of law voids search

Defendant’s arrest was without probable cause for violating a no trespassing ordinance. It was a public place, open for business, defendant briefly entered and did nothing wrong. The search incident to the arrest thus fails too. Mistake of law as … Continue reading

Posted in Immigration checkpoints, Reasonable suspicion, Reasonableness | Comments Off

AZ: Being directed to get out of the car alone doesn’t extend the stop

“Urrea has not explained how his being directed to exit his vehicle while the deputy conducted a records check illegally prolonged the stop.” Even so, his coming back to the patrol car to talk about it was by consent. [Really?] … Continue reading

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N.D.Cal.: It’s not for LEO to second guess a probation search condition’s validity or application

If the probation search condition applies on its face, and even if the search is for general law enforcement purposes, it’s not for the searching officer to inquire into the details of whether there might be some argument behind the … Continue reading

Posted in Probation / Parole search, Reasonableness | Comments Off

N.D.Ala.: Entry with CPS worker to retrieve diaper bag was reasonable

A couple was arrested, and their infant was going with child protective services. An entry into the house with the CPS worker to recover the infant’s diaper bag was reasonable.United States v. Wright, 2017 U.S. Dist. LEXIS 72738 (N.D. Ala. … Continue reading

Posted in Protective sweep, Reasonableness | Comments Off

D.Utah: No 4A requirement for a police car in the field to have internet access to more speedily check records without radioing it in

There is no constitutional requirement for a police car in the field to have internet access to more speedily check records without radioing it in. Also, he testified that rural service is spotty. United States v. Lopez-Casillas, 2017 U.S. Dist. … Continue reading

Posted in Reasonable suspicion, Reasonableness, Seizure | Comments Off

IA doesn’t recognize officer’s mistake of law

Defendant was stopped in what was thought to be a county park after midnight, but there was no proof that the park was properly established or had closing hours. Assuming that the officer committed a mistake of law, Iowa does … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off

OH2: Mistaken entry of LPN into computer that resulted in erroneous stop still made the stop reasonable

The Ohio officer entered in the license number of an Illinois vehicle but omitted a letter in smaller type on the side that made the number complete because he didn’t know it was required. The wrong LPN came back as … Continue reading

Posted in Apparent authority, Reasonableness | Comments Off