Category Archives: Reasonableness

NM & N.D.Iowa: Arrest or stop after NCIC check was reasonable

Defendant’s arrest after an NCIC check showed warrants for him was reasonable. State v. Widmer, 2020 N.M. App. LEXIS 41 (Sept. 15, 2020). To the same effect is United States v. Bullock, 020 U.S. Dist. LEXIS 170229 (N.D. Iowa Aug. … Continue reading

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N.D.Miss.: In wrongful death action, officer’s subjective intent offered by 404(b) evidence is inadmissible; reasonableness is objective

Because the reasonableness standard is based on objective evidence confronting the officer, the use of 404(b) evidence here would be too extraneous to show subjective intent. “Because reasonableness under the Fourth Amendment is disconnected from an officer’s subjective intent, the … Continue reading

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CA3: State court suppression of search isn’t favorable termination for malicious prosecution case

Just because the evidence was suppressed in plaintiff’s criminal case and then affirmed on appeal doesn’t mean the criminal case was terminated in his favor on the facts. He possessed heroin, and that’s not in dispute, and there was probable … Continue reading

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IL: Mistaken application of unambiguous statute not a Heien reasonable mistake of law

“Kinsella misinterpreted an unambiguous statute, thereby committing an unreasonable mistake of law. See Gaytan, 2015 IL 116223, ¶ 45; see also United States v. Stanbridge, 813 F.3d 1032, 1037-38 (7th Cir. 2016) (‘[The officer] simply was wrong about what the … Continue reading

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W.D.Mo.: Mask ordinance doesn’t violate 4A right of privacy

The City of Springfield mask ordinance does not violate, inter alia, the Fourth Amendment right to privacy. Shelton v. City of Springfield, 6:20-cv-03258 (W.D. Mo. Sept. 2, 2020). “In specifically detailing the criminal conduct under investigation, the search warrants provide … Continue reading

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NY: Stop because license plate reader erroneously said car should have still been in impound lot was unreasonable

The stop here was based a license plate search. The Buffalo impound lot had not updated its records that defendant got his car out of impound more than a week earlier. There was no traffic violation. The stop was unreasonable … Continue reading

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OH2: Officer may ask motorist if he’s armed

A police officer may ask a stopped motorist in a traffic stop whether he is armed without violating the Fourth Amendment. State v. Ferguson, 2020-Ohio-4153, 2020 Ohio App. LEXIS 3051 (2d Dist. Aug. 21, 2020). Defendant’s traffic stop evolved into … Continue reading

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CA10: No distinction between civil and criminal traffic infractions under the 4A

There is no distinction between civil and criminal traffic infractions under the Fourth Amendment under Whren and Arizona v. Johnson. Even a patdown can occur in a civil infraction stop. United States v. Meadows, 2020 U.S. App. LEXIS 26120 (10th … Continue reading

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FL4: Surreptitious video surveillance in Kraft spa case was unreasonable for lack of minimization

The warranted video surveillance of the spa in the Kraft case was unreasonable for lack of minimization to protect privacy. The law on surreptitious surveillance and minimization is well settled. “The type of law enforcement surveillance utilized in these cases … Continue reading

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GA: A search waiver as a condition of a bail bond is valid

A search waiver as a condition of a bail bond is valid in Georgia. Watson v. State, 2020 Ga. App. LEXIS 446 (Aug. 12, 2020):

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CA7: Prison inmates have 4A reasonableness protection against abusive strip and body cavity searches

Prison inmates retain a Fourth Amendment reasonableness right against abusive strip and body cavity searches enough to state a claim here. Qualified immunity is reserved for later. Henry v. Hulett, 2020 U.S. App. LEXIS 25390 (7th Cir. Aug. 11, 2020) … Continue reading

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CA9: It was well established that “illegal presence” in the U.S. was not a crime, so ptf’s arrest was unreasonable

Illegal entry is a crime, but not mere presence, and that was well established since 2012. Defendant’s arrest of plaintiff in a courtroom as a witness on suspicion of being here illegally at the request of a JP was unreasonable. … Continue reading

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CA7: Violation of police dept regulations can’t reasonably be a § 1983 claim or 4A violation

Violation of department violations can’t reasonably be a § 1983 claim or violation of the Fourth Amendment. Estate of Biegert v. Molitor, 2020 U.S. App. LEXIS 24211 (7th Cir. July 31, 2020):

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CA10: Shooting of decedent when he raised a gun at his arrest appears justified

When officers, including the SWAT team, came to arrest the decedent, he had a gun in hand and raised it. He was already known to be potentially violent, and the shooting was reasonable under the circumstances. Estate of Valverde v. … Continue reading

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CO: Traffic stop was objectively reasonable even though officer cited wrong statute

Defendant’s stop was objectively reasonable, even though the officer cited the wrong statute. People v. Ambrose, 2020 COA 112, 2020 Colo. App. LEXIS 1384 (July 23, 2020). “[W]e need not address Salas’s argument that a slight delay to conduct a … Continue reading

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CA7: Unreasonable administrative delay in releasing pretrial detainees entitled to release violates 4A

Unreasonable administrative delay in getting people out of jail that are entitled to it violates the Fourth Amendment under Gerstein and County of Riverside. Williams v. Dart, 2020 U.S. App. LEXIS 23132 (7th Cir. July 23, 2020):

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