Category Archives: Reasonableness

CA2: Second inventory search on the street was reasonable

Defendant’s car was inventoried by NYPD. After the first search, officers overheard defendant’s phone call that somebody needed to come and get the car “now,” and they surmised they overlooked something important. A second inventory was conducted, and the NYPD … Continue reading

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Reason: Police Agree To Pay Woman $750,000 After Raiding Her House and Killing Her Dog Over an Unpaid Gas Bill

Reason: Police Agree To Pay Woman $750,000 After Raiding Her House and Killing Her Dog Over an Unpaid Gas Bill by Christian Britschgi: The case highlights the dangers of using SWAT teams for anything and everything.

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CA10: Taking ptf nude through a hospital for treatment when in custody stated a claim

Plaintiff’s being paraded nude into a hospital for treatment when in custody stated a claim, and the officers get no qualified immunity. “Plaintiff’s claim … that he was mistreated while in state custody … may be challenged under the Fourth … Continue reading

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C.D.Ill.: Providing the inventory of the SW execution wasn’t designed to elicit an incriminating response

Providing defendant with the inventory of what was taken in the search, a normal practice usually required by law, was not designed to elicit an incriminating response. Therefore, the statement was voluntary and not subject to Miranda. United States v. … Continue reading

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DC: To get the benefit of Heien mistake of law, there has to be something that shows the law mistakenly applied actually applied, and here it didn’t

A D.C. police car stopped, backed up, and four officers got out of the car, walked over to defendant, and told him to “get up.” A reasonable person would not have believed he was free to leave, and this stop … Continue reading

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E.D.N.Y.: Computer search for CP can lead to legitimate plain view

In a computer search for child pornography, reviewing the computer files can easily lead to a plain view. “The agents were permitted to ‘engage in a cursory review of files [in the folder dated 2005], by opening them, to determine … Continue reading

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CA6: Parking enforcement’s chalking a car tire is a trespass and a search

The City’s chalking a car tire for a potential parking violation invades the property of the owner of the vehicle and constitutes a search. Taylor v. City of Saginaw, 2019 U.S. App. LEXIS 11586 (6th Cir. Apr. 22, 2019):

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W.D.Pa.: Def’s effort to make a felony stop fit under Rodriguez fails

Despite his lack of standing, defendant seeks to cast this automobile exception search as having its genesis in an overlong traffic stop, thus unreasonable under Rodriguez. This was not just a traffic stop; it was a felony stop, and the … Continue reading

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E.D.N.Y.: Govt’s possession of cell phone for nine months waiting to decrypt password isn’t unreasonable

Defendant’s phone has been in the hands of the government for many months, but defendant refused to provide the password to access the phone. That justifies the delay in the government accessing the phone. The motion for return of property … Continue reading

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CA11: Strip club survives summary judgment on unreasonable search claim when it was raided by 36 officers including SWAT team

A strip club was subjected to a raid with 36 officers, including the SWAT team. People were manhandled during the raid. The plaintiff club stated a claim sufficient to overcome summary judgment that the raid and search was unreasonable. WBY, … Continue reading

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GA: 536 day delay in getting SW for cell phone was unreasonable

Defendant’s cell phone was lawfully seized but apparently forgotten about. In preparation of the case, an assistant prosecutor found out about it and sought a search warrant, 536 days after seizure. The delay was unreasonable, and the phone’s contents are … Continue reading

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OH8: Stop for flashing high beams was mistake of law and objectively reasonable under Heien

The state concedes that one flashing his high beams for one second twice 14 seconds apart at a vehicle in front of him for not moving is not a violation of the statute for unnecessarily driving on high beams. Nevertheless, … Continue reading

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