Category Archives: Reasonableness

W.D.N.C.: When they had PC for rural house, entry to freeze situation was reasonable when magistrate was two hours away

After police stopped a car suspected in drug deals, they learned that the drugs came from a particular address which was used as a distribution point. They developed probable cause for the house. They were two hours away from a … Continue reading

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MA: Two day delay in getting SW for cell phone wasn’t unreasonable

Defendant’s cell phone was reasonably seized to preserve any evidence in it. The two day delay in getting a search warrant for it did not unreasonably interfere with defendant’s possessory interest in it. Commonwealth v. Cruzado, 2018 Mass. LEXIS 549 … Continue reading

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MI: Policy to photograph and fingerprint detainees violated 4A and stated claim against city

The Grand Rapids Police Department has a policy permitting officers to photograph and fingerprint people who are stopped just because they want to. The plaintiffs stated a claim for relief against the city for its policy. Johnson v. Vanderkooi, 2018 … Continue reading

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E.D.Va.: SW for Manafort’s house is upheld

(1) “In sum, the warrant here (i) identified the items to be seized in relation to specific Subject Offenses, (ii) included an illustrative list of records to limit the discretion of executing agents, and (iii) provided a sufficient description of … Continue reading

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CA3: NJ bail reform act doesn’t violate 4A or 8A

New Jersey’s bail reform act which shifts emphasis away from money bail to other restraints and conditions to assure release and return to court does not violate the Fourth Amendment. Not all restraints are unreasonable, given a probable cause finding … Continue reading

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E.D.Mich.: By following def and causing him to slow down, the officer created the alleged violation of driving under the minimum speed; stop unreasonable

The DEA asked the Michigan State Police to stop defendant. A trooper followed him and he was driving the speed limit and violating no laws. The officer pulled up next to him to get a look, then slowed to pull … Continue reading

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CA10: A KS child welfare pick-up order was valid on its face in CO and didn’t need to be registered to satisfy 4A

A Kansas court issued a pick-up order for ten children from one family for various allegations. At the time the family was found, they were in Colorado, and the order was executed there. There was no statutory or constitutional duty … Continue reading

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CA7: Drug court staffers’ making arrests outside courthouse may have violated state law but were reasonable under 4A

In claims against a drug court out of control involving multi-month detentions for really short term ordered incarcerations, there was also a Fourth Amendment claim: Two drug court staffers, one a bailiff with no authority outside the courthouse, undertook to … Continue reading

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PA: 9 month delay between issuance of SW for content of seized cell phone and actual search wasn’t unreasonable where nothing changed

Defendant’s cell phone was seized by consent and a search warrant was obtained for it. It took nine months for the search to occur. Because nothing changed between the seizure, the warrant, and the search, the ultimate search was not … Continue reading

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CSO Online: Cops go into funeral home, attempt to unlock phone with dead man’s fingerprint

Not the first time, and certainly not the last: CSO Online: Cops go into funeral home, attempt to unlock phone with dead man’s fingerprint by Ms. Smith: Even if the cops can’t be legally accused of violating a dead man’s … Continue reading

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S.D.Fla.: The fact FL law provides a reasonable expectation of privacy in bank records has nothing to do with an IRS summons

The fact Florida law provides a reasonable expectation of privacy in bank records has nothing to do with an IRS summons for bank records. Presley & Presley P.A. v. United States, 2018 U.S. Dist. LEXIS 65421 (S.D. Fla. Apr. 16, … Continue reading

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CA6: Decedent’s putting gun to head during execution of SW at his house justified deadly force against him

Officers executing a search warrant had the target pull a gun and put it to his head, so one shot him, and he died. There was a factual dispute about whether the officers properly knocked-and-announced before entry, but that’s not … Continue reading

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