Category Archives: Reasonableness

CA6: Frisk for eating out of a dumpster was unreasonable

Plaintiff’s frisk for eating out of a dumpster was unreasonable. He wasn’t committing any crime. Jones v. City of ElyriaJones v. City of ElyriaJones v. City of Elyria, 2020 U.S. App. LEXIS 1609 (6th Cir. Jan. 17, 2020).* There was … Continue reading

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DE: Question about “Anything illegal in the car: Human beings, guns, drugs, dead bodies in the trunk” wasn’t unreasonable and didn’t measurably extend the stop.

Officer’s routine question about “Anything illegal in the car: Human beings, guns, drugs, dead bodies in the trunk” wasn’t unreasonable and didn’t measurably extend the stop. State v. Medina, 2020 Del. Super. LEXIS 18 (Jan. 7, 2020):

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D.Me.: State bail condition that def submit to searches permitted this search

Defendant’s state court bail condition included that he submit to reasonable searches of his person and place at anytime. There’s no showing that he didn’t understand the condition. United States v. Kissh, 2020 U.S. Dist. LEXIS 3767 (D. Me. Jan. … Continue reading

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M.D.Pa. Delay in searching cell phones wasn’t unreasonable because def was in jail out of possession anyway

The delay between seizing defendant’s cell phones and searching them wasn’t unreasonable considering he was in jail and would have had no access to them anyway. United States v. Carey, 2020 U.S. Dist. LEXIS 1150 (M.D. Pa. Jan. 6, 2020). … Continue reading

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W.D.N.Y.: No PC for arrest or SW; GFE hearing wasn’t concluded, and it shall now

The defendant’s arrest on this thin claim from an unproven and unreliable CI was without probable cause, and the search of his person is suppressed. The search warrant was also issued without probable cause, but the part of the hearing … Continue reading

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E.D.Ark.: Def’s parole search permitted at his mother’s house while he was visiting there; no REP

Defendant claims in his 2255 that, while he was on parole with a search waiver on file, he was searched at his mother’s house and not at his listed address, and his counsel was ineffective for not challenging it. He … Continue reading

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IL: Def had done nothing wrong; RS could not be based on reaching for pocket when officer asked for DL

Defendant’s patdown was not justified by reasonable suspicion because defendant was a random person at a gas pump, he answered the officer’s questions, did not try to flee, and reached for his pocket as the officer asked for his driver’s … Continue reading

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CA3: Consent to search car moots possible mistake of fact motion to suppress

Defendant’s consent to a search of his car after a traffic stop moots the issue that the stop was based on a mistake of fact. United States v. Prado, 2019 U.S. App. LEXIS 38445 (3d Cir. Dec. 24, 2019).* Facebook’s … Continue reading

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S.D.N.Y.: Alleged violation of Florida law by def’s arrest there where local officer assisted federal officers wasn’t a 4A violation

An alleged violation of Florida law in defendant’s arrest there with the participation of local law enforcement isn’t shown to be a Fourth Amendment violation. “And Teman has not cited any authority so holding or, for that matter, treating such … Continue reading

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SD: That same traffic stop issue was rejected before this one denies state reasonable mistake of law argument

The court previously held that two of three brake lights emitting only red light and one with a hole in it also emitting white light wasn’t a traffic offense. Therefore, the state couldn’t use a claim of objectively reasonable mistake … Continue reading

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IA: Arrest of the “wrong guy” under a warrant unreasonable where no effort made to determine if he was the right guy or not

Arrest of the “wrong guy” under a warrant here was unreasonable. Defendant claimed he was the wrong Troy Ford, and the officer searched him finding drugs before even attempting to verify whether he was the right one. It didn’t take … Continue reading

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D.N.M.: Stopping the wrong guy wasn’t unreasonable; there was still probable cause

Stopping the wrong guy wasn’t unreasonable here. “The Court finds that the officers reasonably mistook Defendant for Mr. Pacheco. Defendant not only matched Mr. Pacheco’s description, but the officers also witnessed Defendant leaving an apartment Mr. Pacheco was known to … Continue reading

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