Category Archives: Reasonableness

D.Kan.: Consent search of truck led to PC it was hauling a lot of cash; use of a drill then to try to find it was reasonable

Defendant was stopped and consented to a search of his truck. The consent search led to probable cause to believe the truck was transporting a lot of cash. Using a drill to find the cash was reasonable once there was … Continue reading

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E.D.Cal.: Motion for return of things denied until 2255 resolved

Defendant seeks return of things of potential evidentiary value. The government opposes on the ground that a 2255 has not yet been filed, and the things might still have value. That’s reasonable for the court. United States v. Saldivar, 2019 … Continue reading

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OH7: Officer’s stop of def outside of jurisdiction wasn’t unlawful because local officers were ultimately there, too

Defendant was stopped outside the officer’s jurisdiction. The officer had probable cause to stop and detain defendant when he personally observed defendant’s traffic violation and personally observed defendant’s slurred speech and sluggish motor skills. The interest in protecting the public … Continue reading

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CA5: Heien objective reasonableness applies to a stop for driving too slow even though it was just def’s car in traffic

Driving too slow for too long justifies a stop, at least Heien makes it reasonable: “Given the dearth of authority on whether a single vehicle constitutes traffic …, the ambiguity in the statute, and the danger observed by the officer, … Continue reading

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D.Mont.: Being ordered from your vehicle doesn’t require a Miranda warning

Being ordered from your vehicle doesn’t require a Miranda warning. Mimms, of course, permits the occupants to be ordered out. Over time, this ripened to reasonable suspicion. United States v. Lugo, 2019 U.S. Dist. LEXIS 200612 (D. Mont. Nov. 19, … Continue reading

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Reason: Volokh Conspiracy: Impressions from the oral argument in Kansas v. Glover

Reason: Volokh Conspiracy: Impressions from the oral argument in Kansas v. Glover by Orin S. Kerr On reasonable suspicion and how to calculate it.

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E.D.Wis.: Police allegely entered curtilage to shine headlights in windows, and homeowner consented to entry; def was inside and without standing to contest

Defendant contended that police drove onto the curtilage and shined police headlights and lights into the premises. The USMJ couldn’t adequately resolve that because of a lack of photographic evidence showing what was where. But, that led to a consent … Continue reading

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OH4: Heien good faith mistake of fact doesn’t apply to a stop under a completely inapplicable ordinance

Defendant’s stop was unreasonable, and Heien’s good faith mistake of fact doesn’t apply. The city code provision dealt with turning at intersections, and the officer stopped defendant for turning into a driveway which is not an “intersection.” State v. Ware, … Continue reading

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AL: Failure to have arrest warrant in hand under state law voids the arrest and the search incident that occurred; Heien inapplicable

Defendant was unreasonably and mistakenly arrested without the officer having the arrest warrant in hand as required by state law, and the search incident to the arrest is suppressed. The court finds Heien and the good faith exception inapplicable because … Continue reading

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CA11: Criminal trial record not fully binding on ptf who was on trial there because incentives to litigate were different

The defendants observed plaintiff’s actions and they saw probable cause to believe he committed trespass. Therefore, the false arrest claim fails. His excessive force claim, however, survives summary judgment. Using the criminal trial testimony wasn’t particularly helpful or controlling because … Continue reading

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OH2: Officer’s sexual assault of motorist criminally violated 4A

Defendant was a part time police officer conviction of state civil rights violations for sexual assault during frisks of women that clearly exceeded the Fourth Amendment. State v. Sanderson, 2019-Ohio-3589, 2019 Ohio App. LEXIS 3673 (2d Dist. Sept. 6, 2019).* … Continue reading

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CA8: Strip search of female detainee on parking lot stated § 1983 claim

Nearly public strip search of female detainee on an open parking lot by a female officer also berating her with a male officer nearby stated a claim and overcame qualified immunity. Robinson v. Hawkins, 2019 U.S. App. LEXIS 26772 (8th … Continue reading

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