Category Archives: Reasonableness

MO: Search incident can happen at mobile booking center without going to jail

A search incident can occur even where defendant is at a mobile booking place without being transported to jail. State v. Boehmer, 2024 Mo. App. LEXIS 314 (May 14, 2024). Defendant’s concession in the trial court that the stop and … Continue reading

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CA7: Strip search was reasonable, no matter the motive

Plaintiff’s strip search was objectively reasonable, no matter the subjective intent that motivated it. Jones v. Degrave, 2024 U.S. App. LEXIS 10953 (7th Cir. May 6, 2024). Plaintiff doesn’t show that GPS monitoring as a condition of his state probation … Continue reading

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D.Colo.: Four day delay in getting SW for seized car wasn’t unreasonable

The seizure of this car was with probable cause that a gun would be found in it. The four day delay in applying for a search warrant for the car was not unreasonable. As to standing, defendant transferred ownership of … Continue reading

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E.D.Cal.: Stop for expired registration during Covid extension of time to register cars was objectively unreasonable

The stop of defendant’s car for expired tags but within the period of the state’s Covid executive order extending time to register cars was objectively not reasonable, even where the officer was unaware of the meaning of the EO. United … Continue reading

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CA6: The state’s violation of a prison policy doesn’t make a 4A claim

Plaintiff inmate “cannot state a claim for a violation of prison policy because prison policy directives are insufficient to create a liberty interest under the Fourth Amendment. See Olim v. Wakinekona, 461 U.S. 238, 250-51 (1983); ….” IFP motion denied. … Continue reading

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MO: Search incident to 96 hour mental health hold was reasonable

Defendant was picked up on a warrant for 96 hour mental commitment hold. The search incident to that was reasonable. “[T]he deputies’ search of Salcedo, incident to Salcedo being taken into custody pursuant to a warrant under section 632.305 for … Continue reading

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Cal.2d: Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop

Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop. People v. Felix, 2024 Cal. App. LEXIS 154 (2d Dist. Mar. 7, 2024). Defendant’s bad search claim as part of … Continue reading

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OH5: Officer’s writing wrong statute number on ticket was a reasonable mistake of law

Defendant’s stop for a loud muffler was reasonable. His claim that it wasn’t loud on the bodycam is rejected. Another alleged offense cited the wrong statute. That’s a reasonable mistake of law. State v. Braucher, 2024-Ohio-811, 2024 Ohio App. LEXIS … Continue reading

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KY: Misstatements of law not subject to Franks challenge

A misstatement of law is not subject to a Franks challenge. Search warrant affidavits are usually drafted in a hurry by nonlawyers, and it’s up to the issuing magistrate to decide whether there is a substantial basis for believing a … Continue reading

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OH8: Graham v. Connor reasonableness standard applied where police are charged with assault on civilians

Defendant was a Cleveland PD officer convicted of misdemeanor assault on a civilian by putting his hands around the throat of an arrestee. Even under the Garner standard for Fourth Amendment reasonableness, the evidence was sufficient to support the verdict. … Continue reading

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MS: One of two SWs for def’s business was accidentally destroyed but not in bad faith; officers getting second SW were justified

Here there were two search warrants: One for suite E and another for both suites D & E to be sure they were searching the right premises. Execution of the suite E warrant led officers to get another for both. … Continue reading

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SD: Parole officer could authorize search of def’s computer hard drive for child porn

Defendant was on parole for felony DUI when he became a suspect in a child pornography case. His parole officer authorized a search of his computer hard drive for child pornography, and defense counsel wasn’t ineffective for not challenging the … Continue reading

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W.D.Okla.: When officer’s observation obviates the reason for the stop, the already initiated warrant check can be completed

Defendant was stopped for suspected DUI and a warrant check was called for. The officer promptly learned that defendant wasn’t DUI, but it was reasonable to still wait for the warrant check to be completed, here just a couple of … Continue reading

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CA9: Questions about supervised release status and request for consent during traffic stop are reasonable

This traffic stop was not unreasonably extended. “Officers were permitted to ask Contreras about his supervisory release status as an ordinary inquiry incident to a traffic stop. … Officers were also allowed to conduct a criminal records search. … Likewise, … Continue reading

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N-M: 94-day delay in getting cell phone SW was unreasonable; GFE not applicable

The search of defendant’s iPhones and iPads lacked probable cause at the time it happened. His wife had apparent authority to search because she knew the passcodes but that doesn’t equate to her apparent authority to seize them. Also, the … Continue reading

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Reason: This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home

Reason: This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home by Billy Binion (“In June of 2022, law enforcement arrived at a modest home on East Calvert Street in South Bend, Indiana. They … Continue reading

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S.D.N.Y.: Former President’s name in SW materials for Parnas and Giuliani disclosed because it came up in an impeachment

In Lev Parnas’s case, the search papers are partially unsealed as to former President Trump’s name but kept under seal as to others. He is a public figure, and the others are not. As to Trump, most of this came … Continue reading

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N.D.Okla.: A Terry stop can occur for civil infractions

A Terry stop can occur for noncriminal offenses, such as traffic citations. Here it was for vaping in the wrong place. United States v. Perez, 2023 U.S. Dist. LEXIS 218640 (N.D. Okla. Dec. 8, 2023). Volunteering one is armed “when … Continue reading

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D.Ariz.: Federal wildlife officer can make speeding stop in national wildlife refuge

A federal wildlife officer has the authority to make a stop for speeding in a national wildlife refuge under 50 C.F.R. § 27.31(a), (d). [Virginia v. Moore goes unmentioned: The stop would not violate the Fourth Amendment in any event.] … Continue reading

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CA3: Two minutes for a criminal records check during a traffic stop was reasonable under Rodriguez

“Law enforcement officers conduct traffic stops every day. No matter how minor the apparent infraction, every traffic stop must comply with the Fourth Amendment. It wraps every person, and every traffic stop, with a cloak of constitutional protection. The Fourth … Continue reading

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