Category Archives: Reasonableness

N.D.Ala.: Entry with CPS worker to retrieve diaper bag was reasonable

A couple was arrested, and their infant was going with child protective services. An entry into the house with the CPS worker to recover the infant’s diaper bag was reasonable.United States v. Wright, 2017 U.S. Dist. LEXIS 72738 (N.D. Ala. … Continue reading

Posted in Protective sweep, Reasonableness | Comments Off

D.Utah: No 4A requirement for a police car in the field to have internet access to more speedily check records without radioing it in

There is no constitutional requirement for a police car in the field to have internet access to more speedily check records without radioing it in. Also, he testified that rural service is spotty. United States v. Lopez-Casillas, 2017 U.S. Dist. … Continue reading

Posted in Reasonable suspicion, Reasonableness, Seizure | Comments Off

IA doesn’t recognize officer’s mistake of law

Defendant was stopped in what was thought to be a county park after midnight, but there was no proof that the park was properly established or had closing hours. Assuming that the officer committed a mistake of law, Iowa does … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off

OH2: Mistaken entry of LPN into computer that resulted in erroneous stop still made the stop reasonable

The Ohio officer entered in the license number of an Illinois vehicle but omitted a letter in smaller type on the side that made the number complete because he didn’t know it was required. The wrong LPN came back as … Continue reading

Posted in Apparent authority, Reasonableness | Comments Off

D.Mont.: Search for gun outside house in curtilage was reasonable based on exigency or public safety

A search outside for a gun was reasonable for both public and officer safety. Officers responded to a domestic call at 2 am and there were four brothers there who concerned them. United States v. Sturdevant, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion, Reasonableness | Comments Off

W.D.N.Y.: Bringing federal officers along on a cigarette tax search was not unreasonable; no duty to clean up after an otherwise reasonable search

(1) Under New York state law, cigarette retailers are pervasively regulated. Here, NY tax officials were checking on tax stamps. (2) While officers seemed to think they had authority to search defendant’s purse under the administrative search doctrine, they didn’t. … Continue reading

Posted in Administrative search, Pretext, Reasonableness | Comments Off

W.D.N.Y.: Violations of state law on jurisdiction of investigative subpoenas not a federal issue

Defendant’s motion to reopen his suppression hearing to explore a state law claim on jurisdiction of subpoenas is denied because it has no relevance to the federal investigation. One of his issues is jurisdiction: which county had jurisdiction over the … Continue reading

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Cal.2d: Emergency aid search of wrong house was still objectively reasonable

Based on a police dispatch of a screaming woman who was also moaning in distress, the police went to the address (2314) given and entered. They did not find the woman and kept looking upstairs and in closets and found … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off

E.D.Tenn.: Turn signal statute is unambiguous, and officer’s mistake wasn’t objectively reasonable under Heien

The Tennessee turn signal statute is clear and unambiguous, unlike the brake light statute in Heien. Officer “Garrison did not have a reasonable suspicion that Pate had violated the traffic laws. Thus, the stop was unlawful. As a passenger, Fortune … Continue reading

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CA7: Officer did not violate 4A in reasonably handcuffing road rage suspect until RS dissipated

The district court erred in not granting summary judgment to the officer in this § 1983 case for his use of handcuffs on the plaintiff in his mid-60’s. There was reasonable suspicion for his stop as a suspect in a … Continue reading

Posted in Qualified immunity, Reasonable suspicion, Reasonableness, § 1983 / Bivens | Comments Off