Category Archives: Reasonableness

MT: Field test of seized drugs is a reasonable search

A field test of drugs seized off defendant’s person finding them presumptively methamphetamine is reasonable under the Fourth Amendment and the state constitution. There is no enlarged reasonable expectation of privacy as to them when seized. State v. Funkhouser, 2020 … Continue reading

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Law Rev. article: A New Report of Entick v. Carrington (1765)

T. T. Arvind & Christian R. Burset, A New Report of Entick v. Carrington (1765), Notre Dame Legal Studies Paper No. 200131 (2020). Abstract:

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CA10: 15-minute call to EPIC when officer given inconsistent travel plans wasn’t unreasonable

Inconsistent travel plans coming from the driver and passenger justified a 15 minute call to EPIC to see if the vehicle had crossed the border recently, and this was not unreasonable. United States v. Morales, 2020 U.S. App. LEXIS 17865 … Continue reading

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MA: Owner’s DL was suspended, and it wasn’t apparent that driver wasn’t owner when stop occurred

Similar to Glover, Massachusetts held well before that the suspension of the owner’s DL can justify a stop. There was no indication [such as gender] here that the driver could not be the owner, so the stop was with reasonable … Continue reading

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AR: No abuse of discretion in not forcing state to disclose that which it couldn’t get from HBO camera crew being at search

An HBO crew was present at the drug raid here while filming “Meth Storm.”The prosecutor didn’t know about it until the eve of trial, and he sought to get the video and couldn’t, and he disclosed to the defense. The … Continue reading

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KY: Criminal history check during traffic stop is reasonable; the officer needs to know who he or she is dealing with

The stop had not concluded, and it wasn’t unreasonably extended by the officer. Criminal history checks are reasonable. “Accordingly, the officer may take reasonable steps to ascertain whether the persons with whom he is dealing might be dangerous. To this … Continue reading

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E.D.Wis.: Open container in car justified search

An open container violation is an offense justifying a search of a vehicle for more. United States v. Hoskins, 2020 U.S. Dist. LEXIS 90256 (E.D. Wis. May 22, 2020).* The stop reached the level of reasonable suspicion before dispatch responded, … Continue reading

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D.C.: Four day delay in getting SW for car and then searching it was unreasonable and interfered with def’s possessory interests

A four day delay between the seizure of defendant’s car and obtaining a search warrant for it unreasonably infringed on defendant’s possessory interest in the car. The exclusionary rule should be applied here because the delay was all the actions … Continue reading

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E.D.Pa.: Holding def’s computer for 6 hrs to get SW after he revoked consent was reasonable

Defendant at first consented to the government holding and then searching his cell phone and laptop. The next day he revoked his consent on the computer. The government continued to hold the laptop to preserve evidence and got a search … Continue reading

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CA11: Officer reasonably mistook dog’s whimper inside for person in distress; entry valid

“The major question presented on appeal is whether it was reasonable for officers, mistaking a dog’s whimper for a person in distress, to enter Evans’s home without a warrant. Given the totality of the circumstances, we say yes.” United States … Continue reading

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D.Utah: Dog handler’s subjective belief dog alerted unreasonable

The dog handler’s subjective belief that his drug dog alerted is inadequate for a search of a person’s car. United States v. Jordan, 2020 U.S. Dist. LEXIS 71048 (D. Utah Apr. 21, 2020):

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IN: Arrival of drug dog while ticket being written didn’t extend stop

The dog arrived at defendant’s traffic stop while the information was being entered into the traffic ticket program in the police car’s computer, so the dog sniff did not prolong the stop under the Fourth Amendment. Separately considering the state … Continue reading

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D.S.D.: Forced catheterization of drug suspects with SW merely to see if drugs are in their system was unreasonable

Forced catheterization of drug suspects with a search warrant, who refused to urinate on demand, because of suspicion of drug use was unreasonable under the Fourth Amendment under Schmerber. The individual defendants get qualified immunity, however, because of a lack … Continue reading

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Sioux Falls Argus Leader: Judge: Forced catheterizations by South Dakota law enforcement violated Constitution

Sioux Falls Argus Leader: Judge: Forced catheterizations by South Dakota law enforcement violated Constitution by Jonathan Ellis (“South Dakota law enforcement’s practice of using forced catheterizations to obtain urine samples from suspects violates the U.S. Constitution, a federal judge has … Continue reading

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Quarantines and the Fourth Amendment

Is a government quarantine order for a person or group of people a violation of the Fourth Amendment as a reasonable seizure? Despite being an ardent civil libertarian, I must conclude the Constitution means: No.   Protection from infectious diseases … Continue reading

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M.D.Fla.: “The Court should stop imbuing the ‘objectively reasonable’ officer with a cloak of constitutional comfort for justifications …”

The court finds the stop was unjustified and any mistake on the officer’s part was not objectively reasonable. “The Court should stop imbuing the ‘objectively reasonable’ officer with a cloak of constitutional comfort for justifications that strain credulity and discount … Continue reading

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