Category Archives: Reasonableness

MA: Delay in searching cell phones lawfully seized wasn’t unreasonable

There was evidence defendants coordinated their actions while in separate cars, and that provided a strong inference they were in communication by cell phone, thus providing probable cause to search them. Police promptly seized the phones and then obtained search … Continue reading

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OH5: Stop became unreasonable where officer extended stop 13 minutes and never started on ticket for failure to signal

The trial court suppressed because the stop was overly extended. Defendant was stopped for alleged failure to signal, and it dragged on for 13 minutes without the officer ever starting on writing a ticket. Conceding the stop was likely valid, … Continue reading

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D.S.D.: Reasonable to stop car driving off rural property as police arrive to execute a SW

Officers arrived with a search warrant for a house on rural property, and a vehicle was leaving. It was reasonable to stop the vehicle to determine whether it or an occupant belonged at the house and was covered by the … Continue reading

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CA9: No QI for IRS agent insisting that she watch ptf pee in her own bathroom during execution of tax SW

During an IRS criminal search, an IRS supervisory officer insisted that she watch plaintiff urinate in plaintiff’s own bathroom. This was sufficient to show an unreasonable invasion of privacy and overcome qualified immunity. Ioane v. Hodges, 2018 U.S. App. LEXIS … Continue reading

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D.N.M.: Whether the maintaining one’s lane statute was violated is subject to Heien and the reasonable mistake of law

The collective knowledge doctrine applies to reasonable suspicion, too. Here, there is argument whether defendant actually violated the requirement of staying in his lane by touching the lane marker or crossing it. Either way, the court finds that this qualifies … Continue reading

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W.D.N.C.: When they had PC for rural house, entry to freeze situation was reasonable when magistrate was two hours away

After police stopped a car suspected in drug deals, they learned that the drugs came from a particular address which was used as a distribution point. They developed probable cause for the house. They were two hours away from a … Continue reading

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MA: Two day delay in getting SW for cell phone wasn’t unreasonable

Defendant’s cell phone was reasonably seized to preserve any evidence in it. The two day delay in getting a search warrant for it did not unreasonably interfere with defendant’s possessory interest in it. Commonwealth v. Cruzado, 2018 Mass. LEXIS 549 … Continue reading

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MI: Policy to photograph and fingerprint detainees violated 4A and stated claim against city

The Grand Rapids Police Department has a policy permitting officers to photograph and fingerprint people who are stopped just because they want to. The plaintiffs stated a claim for relief against the city for its policy. Johnson v. Vanderkooi, 2018 … Continue reading

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E.D.Va.: SW for Manafort’s house is upheld

(1) “In sum, the warrant here (i) identified the items to be seized in relation to specific Subject Offenses, (ii) included an illustrative list of records to limit the discretion of executing agents, and (iii) provided a sufficient description of … Continue reading

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CA3: NJ bail reform act doesn’t violate 4A or 8A

New Jersey’s bail reform act which shifts emphasis away from money bail to other restraints and conditions to assure release and return to court does not violate the Fourth Amendment. Not all restraints are unreasonable, given a probable cause finding … Continue reading

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E.D.Mich.: By following def and causing him to slow down, the officer created the alleged violation of driving under the minimum speed; stop unreasonable

The DEA asked the Michigan State Police to stop defendant. A trooper followed him and he was driving the speed limit and violating no laws. The officer pulled up next to him to get a look, then slowed to pull … Continue reading

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CA10: A KS child welfare pick-up order was valid on its face in CO and didn’t need to be registered to satisfy 4A

A Kansas court issued a pick-up order for ten children from one family for various allegations. At the time the family was found, they were in Colorado, and the order was executed there. There was no statutory or constitutional duty … Continue reading

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