Category Archives: Reasonableness

E.D.N.Y.: Computer search for CP can lead to legitimate plain view

In a computer search for child pornography, reviewing the computer files can easily lead to a plain view. “The agents were permitted to ‘engage in a cursory review of files [in the folder dated 2005], by opening them, to determine … Continue reading

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CA6: Parking enforcement’s chalking a car tire is a trespass and a search

The City’s chalking a car tire for a potential parking violation invades the property of the owner of the vehicle and constitutes a search. Taylor v. City of Saginaw, 2019 U.S. App. LEXIS 11586 (6th Cir. Apr. 22, 2019):

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W.D.Pa.: Def’s effort to make a felony stop fit under Rodriguez fails

Despite his lack of standing, defendant seeks to cast this automobile exception search as having its genesis in an overlong traffic stop, thus unreasonable under Rodriguez. This was not just a traffic stop; it was a felony stop, and the … Continue reading

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E.D.N.Y.: Govt’s possession of cell phone for nine months waiting to decrypt password isn’t unreasonable

Defendant’s phone has been in the hands of the government for many months, but defendant refused to provide the password to access the phone. That justifies the delay in the government accessing the phone. The motion for return of property … Continue reading

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CA11: Strip club survives summary judgment on unreasonable search claim when it was raided by 36 officers including SWAT team

A strip club was subjected to a raid with 36 officers, including the SWAT team. People were manhandled during the raid. The plaintiff club stated a claim sufficient to overcome summary judgment that the raid and search was unreasonable. WBY, … Continue reading

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GA: 536 day delay in getting SW for cell phone was unreasonable

Defendant’s cell phone was lawfully seized but apparently forgotten about. In preparation of the case, an assistant prosecutor found out about it and sought a search warrant, 536 days after seizure. The delay was unreasonable, and the phone’s contents are … Continue reading

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OH8: Stop for flashing high beams was mistake of law and objectively reasonable under Heien

The state concedes that one flashing his high beams for one second twice 14 seconds apart at a vehicle in front of him for not moving is not a violation of the statute for unnecessarily driving on high beams. Nevertheless, … Continue reading

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S.D.N.Y.: Use of military weaponry (flash bang) in a residential neighborhood is LEO discretion under FTCA

The choice of law enforcement officers to use flash bang devices in a residential neighborhood at 4 a.m. is discretionary with the police and not unreasonable as a matter of law: “weighing of such risks against the necessity of using … Continue reading

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NM: Reserve deputy’s stop of suspected DUI to call for a deputy was a reasonable minor intrusion

A reserve deputy followed defendant who was driving badly and then she ran into a car in her driveway. He stopped behind her and told her to “hang tight,” and he called for a deputy. The stop was reasonable, considering … Continue reading

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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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