Category Archives: Reasonableness

S.D.W.Va.: Single question about possession of firearm reasonable under Rodriguez

Defendant was stopped for riding a bicycle with no helmet. The single question about possessing firearms didn’t unreasonably extend the stop. “Because the question asked here, whether Defendant had any firearms, is perhaps the most basic of inquiries related to … Continue reading

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CA11: Stop for not having license on bicycle in violation of city code was reasonable

The officer’s stop of defendant for not having a license on his bike per local ordinance was reasonable. Defendant’s flight justified his detention and seizure of his backpack. CoA denied. Thomas v. Sec’y, Dep’t of Corr., 2021 U.S. App. LEXIS … Continue reading

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W.D.Tex.Bankr.: 4A does not extend to civil discovery requests

Posts to a “secret” Facebook group weren’t protected by any reasonable privacy interest in civil litigation. Social media isn’t protected by any privacy interest. “Defendant does not cite, and the Court could not find, any case that extends the Fourth … Continue reading

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ND: Warrantless entry of child protective services to remove a child was unreasonable

State child services officers came to defendant’s door to take her child away. She refused and ran back into the house with officers in pursuit. This warrantless entry and a second entry to collect clothes for the child were unreasonable. … Continue reading

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DE: Exclusionary rule not designed to prohibit extra-territorial GPS tracking with warrant

In this post-conviction case, defense counsel didn’t raise the question of extraterritorial monitoring of a warrant installed GPS device. It was installed in 2015 [post-Jones] to track defendant who was an accomplished [except for getting caught] burglar. The court doesn’t … Continue reading

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E.D.Wis.: 25 min. wait for tint meter was related to stop and didn’t unreasonably extend it

A 25 minute wait for a tint meter to arrive at the scene of the stop was directly related to the purpose of the traffic stop: overtinted windows. “Johnson acknowledges that the police officers lawfully stopped him. A person who … Continue reading

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W.D.Ark.: Officer acting outside his local jurisdiction isn’t 4A issue

“Mr. van Leeuwen also claims that Boone County officers were without jurisdiction when they arrested him in his Marion County home, in alleged violation of Arkansas Code § 14-15-501. However, ‘[a] police violation of state law does not establish a … Continue reading

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FL1: Sheriff’s Office failed to show TV and PlayStation were lawfully seized during drug search

The Bay County SO executed a drug search warrant at claimant’s father’s house and seized a flat screen TV and PlayStation. Claimant sought return, and the state claimed it was lawfully taken and became county property by operation of law. … Continue reading

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C.D.Ill.: Prison strip searches are always permitted, unless done unreasonably

Inmates seen naked in prison is not a constitutional claim unless it was all done in an unreasonable manner. The limited facts here fail to show that. Danuk v. Downey, 2021 U.S. Dist. LEXIS 45383 (C.D. Ill. Mar. 11, 2021):

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WA: Uncorroborated CI’s story not RS or PC

CI was not shown to be sufficiently reliable by an attempt to corroborate her to justify defendant’s stop and subsequent search. “Unlike a citizen informant calling 911, a criminal informant is not presumed to be acting out of civic responsibility. … Continue reading

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D.N.M.: A vehicle could be stopped just because there was a warrant on the passenger

A vehicle could be stopped just because there was a warrant on the passenger. Here, ICE made the stop, and it was reasonably related to its justification. United States v. Murillo-Gonzalez, 2021 U.S. Dist. LEXIS 38494 (D. N.M. Mar. 1, … Continue reading

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OH12: State’s “reasonable mistake of fact” justification for stop has to be raised in trial court first

The state didn’t rely on a “reasonable mistake of fact” justification for the stop in the trial court, so it can’t for appeal. State v. Turner, 2021-Ohio-541, 2021 Ohio App. LEXIS 564 (12th Dist. Mar. 1, 2021). Defendant had some … Continue reading

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N.D.Ind.: Officer’s having to radio in information for wants and warrants check didn’t unreasonably extend stop

The officer observed defendant swerve over the double yellow line and made a stop to issue a warning. A dog was called and arrived in ten minutes. The stop took longer than normal because the officer had to go “old … Continue reading

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FL5: Valid stop can be based on mistaken facts and still be reasonable

The question for validity of a stop is probable cause, not the defendant’s ultimate guilt. Fourth Amendment reasonableness allows for reasonable mistakes of fact. The trial court erred in granting the motion to suppress where the stop was still reasonable. … Continue reading

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CA11: Reasonableness doesn’t require a stop as soon as RS develops

An officer who observed a traffic offense and waited for defendant to drive another five blocks could reasonably still stop the car. “Although the officers did not initiate the traffic stop for seven minutes, and did not pull Brown over … Continue reading

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E.D.Va.: While a mistaken identity arrest can still be reasonable, this was based on hunch, or race, and was unreasonable

A mistaken identity arrest can still be reasonable. This one, however, clearly isn’t. It “was, at best, a hunch and, at worst, a hunch based on the race of the identified man.” United States v. Taylor, 2021 U.S. Dist. LEXIS … Continue reading

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CA2: The officer’s perceptions were reasonable that entry into defendant’s backyard was necessary

“Nor can we say that Galligan’s enforcement action was clearly unlawful. The undisputed facts of this case demonstrate that Plaintiffs kept a variety of unusual objects in their backyard, causing it to resemble a junkyard. The question is not whether … Continue reading

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N.D.Ohio: Reasonableness of a parole search can include considering def’s criminal record

Knights on parole and probation searches is a reasonableness on the totality test, and this measures up. Defendant’s criminal record is a relevant factor for the officers to consider. United States v. Sharp, 2021 U.S. Dist. LEXIS 18768 (N.D. Ohio … Continue reading

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E.D.N.C.: PC was shown, but not nexus, and GFE does not apply

The affidavit showed probable cause, but it completely failed to show nexus to defendant’s place. It was so deficient in the showing of nexus that the good faith exception cannot apply. United States v. King, 2021 U.S. Dist. LEXIS 18956 … Continue reading

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CA10: Officers’ mistake of fact here undermined the RS

The government conceded on appeal (as it should) that the officers alleged to have reasonable suspicion were mistaken as to what they testified to because they were misinformed. Taking this information out of the equation, the court finds that they … Continue reading

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