Category Archives: Reasonableness

OH2: Officer’s sexual assault of motorist criminally violated 4A

Defendant was a part time police officer conviction of state civil rights violations for sexual assault during frisks of women that clearly exceeded the Fourth Amendment. State v. Sanderson, 2019-Ohio-3589, 2019 Ohio App. LEXIS 3673 (2d Dist. Sept. 6, 2019).* … Continue reading

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CA8: Strip search of female detainee on parking lot stated § 1983 claim

Nearly public strip search of female detainee on an open parking lot by a female officer also berating her with a male officer nearby stated a claim and overcame qualified immunity. Robinson v. Hawkins, 2019 U.S. App. LEXIS 26772 (8th … Continue reading

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CA6: Tightening handcuffs more when arrestee complains and threatening her life overcame QI

“A group of masked City of Detroit police officers broke down plaintiff Katrina McGrew’s door, threw her to the ground, and handcuffed her so tightly it left bruises. When she complained about how constricting the handcuffs were, the officers threatened … Continue reading

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DE: DNA warrant fails because affidavit for it does show how or why it could be found

“As previously noted, this Court must pay great deference to a magistrate’s determination of probable cause and must take a common-sense approach rather than a hyper-technical approach. Nonetheless, given the totality of the circumstances set forth in the Affidavit, including … Continue reading

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W.D.Pa.: An NCIC check is within the normal mission of a traffic stop

An NCIC check is within the normal mission of a traffic stop. “Next, regardless of the timing of events, ‘most courts confronted with the issue have determined that checking a passenger’s driver’s license in addition to the vehicle driver’s license … Continue reading

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E.D.Va.: Request for consent within 20 seconds of handing over tickets didn’t unreasonably extend stop

A request for consent within 20 seconds of handing the tickets to the defendant did not unreasonably extend the stop. The court finds the consent voluntary. United States v. Perez-Almeida, 2019 U.S. Dist. LEXIS 144705 (E.D. Va. Aug. 26, 2019). … Continue reading

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NM applies Strieff in a near replica case; outstanding arrest warrant overcomes allegedly illegal stop

“Accordingly, based upon our application of the Brown factors in a circumstance markedly similar to Strieff, we conclude that Defendant’s arrest warrant was an intervening cause that broke the causal chain between Officer Townsend’s unlawful detention of Defendant and the … Continue reading

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NC: Def outside cleaning his car when police showed up for drug raid couldn’t be detained under Summers

When the police showed up to search the premises, defendant was outside cleaning his car. His detention cannot be justified by Summers as a known recent occupant of the premises. His conviction is reversed. State v. Thompson, 2019 N.C. App. … Continue reading

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N.D.Ga.: A parked car is still subject to automobile exception

The automobile exception applied to an already parked car because it’s still “mobile” for exigency purposes. United States v. Mizell, 2019 U.S. Dist. LEXIS 138171 (N.D. Ga. July 29, 2019), adopted, 2019 U.S. Dist. LEXIS 137988 (N.D. Ga. Aug. 15, … Continue reading

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D.Ore.: Rental car company can’t be a third-party consenter just because def was unauthorized driver

Defendant was an unauthorized driver of a Dollar rental car. When he was stopped, the officer called Dollar, and they wanted the car repossessed. The court finds that the car rental company cannot be a third-party consenter to a search … Continue reading

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CA9: Info of illegal search was put into second SW affidavit and independent PC was shown

In a felon in possession case, there was a prior illegal search by state troopers. ATF picked up the case immediately and applied for a search warrant that included the information from the illegal search, and there was independent evidence … Continue reading

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M.D.Tenn.: Tennessee’s “must cite” statute for misdemeanants doesn’t govern under 4A

Tennessee has a “must cite” statute, that misdemeanor arrestees are presumptive cited and released. That, however, doesn’t govern the Fourth Amendment under Virginia v. Moore. United States v. Chol, 2019 U.S. Dist. LEXIS 129565 (M.D. Tenn. Aug. 2, 2019). The … Continue reading

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