Category Archives: Reasonableness

W.D.Ky.: “The Sixth Circuit has long held that a police officer does not violate the Fourth Amendment by asking a driver questions after the initial traffic stop has ended.”

“The Sixth Circuit has long held that a police officer does not violate the Fourth Amendment by asking a driver questions after the initial traffic stop has ended. United States v. Erwin, 155 F.3d 818, 823 (6th Cir. 1998) (en … Continue reading

Posted in Consent, Reasonableness, Seizure | Comments Off on W.D.Ky.: “The Sixth Circuit has long held that a police officer does not violate the Fourth Amendment by asking a driver questions after the initial traffic stop has ended.”

NY: Stop for center brake light being out was reasonable basis under statute

The trial court’s grant of the motion to suppress was error. The officer’s reading of the functioning brake light statute was reasonable that the center light being out was cause for a stop. People v. Pena, 2020 NY Slip Op … Continue reading

Posted in Prison and jail searches, Reasonable expectation of privacy, Reasonable suspicion, Reasonableness | Comments Off on NY: Stop for center brake light being out was reasonable basis under statute

WV: Officer’s subjective belief in his ability to arrest DUIs statewide was unreasonable under Heien

“However, Heien does offer some insight into the type of ‘mistake’ which may provide relief-the area upon which the circuit court below focused. The Court concluded that ‘[t]he Fourth Amendment tolerates only reasonable mistakes, and those mistakes-whether of fact or … Continue reading

Posted in Arrest or entry on arrest, Cell site location information, Good faith exception, Reasonableness | Comments Off on WV: Officer’s subjective belief in his ability to arrest DUIs statewide was unreasonable under Heien

IL: There are no degrees of illegality in 4A cases with differing standards

There are no degrees of illegality in Fourth Amendment cases with differing standards. People v. Massamillo, 2020 IL App (3d) 190765, 2020 Ill. App. LEXIS 754 (Nov. 9, 2020):

Posted in Reasonableness | Comments Off on IL: There are no degrees of illegality in 4A cases with differing standards

KS: Officer’s delay by seeking backup for safety reasons during nighttime stop where he was outnumbered was reasonable

“From the initiation of the traffic stop at 3:23 a.m. until the moment when Officer Trout observed drug paraphernalia in plain view next to Lutz, the stop was not measurably extended beyond its basic objective of processing the observed traffic … Continue reading

Posted in Reasonableness, Standing | Comments Off on KS: Officer’s delay by seeking backup for safety reasons during nighttime stop where he was outnumbered was reasonable

New Yorker: How a C.I.A. Coverup Targeted a Whistle-blower [on “intelligence laundering”]

New Yorker: How a C.I.A. Coverup Targeted a Whistle-blower by Ronan Farrow (“When a Justice Department lawyer exposed the agency’s secret role in drug cases, leadership in the intelligence community retaliated.”):

Posted in Reasonableness | Comments Off on New Yorker: How a C.I.A. Coverup Targeted a Whistle-blower [on “intelligence laundering”]

D.Mass.: Def accidentally lost his fanny pack in flight; court finds abandonment even though he didn’t intend it

The court finds defendant abandoned his fanny pack which he said was strapped over his chest and fell off during flight from the police. He testified he didn’t intentionally drop the fanny pack, and it must have slipped off while … Continue reading

Posted in Abandonment, Informant hearsay, Reasonableness | Comments Off on D.Mass.: Def accidentally lost his fanny pack in flight; court finds abandonment even though he didn’t intend it

KY: Traffic stop was unreasonably delayed for drug dog

The officers delayed the stop to get the drug dog to the scene. The court of appeals erred, however, in not determining reasonable suspicion. Commonwealth v. Mitchell, 2020 Ky. LEXIS 394 (Oct. 29, 2020):

Posted in Dog sniff, Reasonable suspicion, Reasonableness | Comments Off on KY: Traffic stop was unreasonably delayed for drug dog

D.Idaho: Even if smell of MJ only justifies search of passenger compartment, finding nothing extends it to trunk

Defendant argues that the smell of marijuana during a traffic stop only permitted a search of the passenger compartment of his vehicle. When the officer didn’t find any marijuana there, it was justified to search the trunk. United States v. … Continue reading

Posted in Motion to suppress, Reasonableness, Scope of search | Comments Off on D.Idaho: Even if smell of MJ only justifies search of passenger compartment, finding nothing extends it to trunk

CA5: Vehicle in hit-and-run could be seized as “instrumentality of crime”

Plaintiff’s car could be seized on an apartment building parking lot as an “instrumentality of crime” when it had been involved in a hit-and-run. (Neither party cites what the court thinks is a case in point, which it follows.) Rountree … Continue reading

Posted in Consent, Reasonableness, Search incident, Seizure | Comments Off on CA5: Vehicle in hit-and-run could be seized as “instrumentality of crime”

N.D.Ill.: “Whether the driver actually committed the violation is beside the point.” It’s whether it’s based on a reasonable belief

The dashcam video of defendant’s alleged failure to come to a full stop doesn’t contradict the officer’s testimony that defendant didn’t stop. “Whether the driver actually committed the violation is beside the point.” United States v. Sanders, 2020 U.S. Dist. … Continue reading

Posted in Reasonableness | Comments Off on N.D.Ill.: “Whether the driver actually committed the violation is beside the point.” It’s whether it’s based on a reasonable belief

CA11: Shooting suicidal person who posed no threat to others unreasonable

Shooting a suicidal person three times without an effort to deescalate was unreasonable. The officer came upstairs with a gun drawn without knowing of any risk to himself, and there never was. Teel v. Lozada, 2020 U.S. App. LEXIS 30358 … Continue reading

Posted in Consent, Qualified immunity, Reasonableness, Waiver | Comments Off on CA11: Shooting suicidal person who posed no threat to others unreasonable

DE: “Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.”

“Advising a person of legitimate consequences [of a BAC test] is not considered coercion. Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.” State v. Street, 2020 Del. Super. LEXIS 2791 (Sept. 17, 2020). When … Continue reading

Posted in Reasonableness, Seizure | Comments Off on DE: “Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.”

NM & N.D.Iowa: Arrest or stop after NCIC check was reasonable

Defendant’s arrest after an NCIC check showed warrants for him was reasonable. State v. Widmer, 2020 N.M. App. LEXIS 41 (Sept. 15, 2020). To the same effect is United States v. Bullock, 020 U.S. Dist. LEXIS 170229 (N.D. Iowa Aug. … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off on NM & N.D.Iowa: Arrest or stop after NCIC check was reasonable

N.D.Miss.: In wrongful death action, officer’s subjective intent offered by 404(b) evidence is inadmissible; reasonableness is objective

Because the reasonableness standard is based on objective evidence confronting the officer, the use of 404(b) evidence here would be too extraneous to show subjective intent. “Because reasonableness under the Fourth Amendment is disconnected from an officer’s subjective intent, the … Continue reading

Posted in Attenuation, Reasonableness, Search | Comments Off on N.D.Miss.: In wrongful death action, officer’s subjective intent offered by 404(b) evidence is inadmissible; reasonableness is objective

CA3: State court suppression of search isn’t favorable termination for malicious prosecution case

Just because the evidence was suppressed in plaintiff’s criminal case and then affirmed on appeal doesn’t mean the criminal case was terminated in his favor on the facts. He possessed heroin, and that’s not in dispute, and there was probable … Continue reading

Posted in § 1983 / Bivens, Reasonableness | Comments Off on CA3: State court suppression of search isn’t favorable termination for malicious prosecution case