Category Archives: Reasonableness

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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KY: Deploying drug dog at the beginning of the stop without reasonable suspicion unreasonably prolonged the stop in violation of Rodriguez

Defendant was stopped for not using a turn signal. Deploying the drug dog at the beginning of the stop without reasonable suspicion unreasonably prolonged the stop in violation of Rodriguez. Commonwealth v. Smith, 2018 Ky. LEXIS 128 (Mar. 26, 2018):

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PA: Reasonableness inquiry always required for warrantless blood draw

Trial court failed to make a reasonableness inquiry of whether the warrantless search of defendant’s blood was objectively reasonable. Reversed and remanded. Commonwealth v. Trahey, 2018 PA Super 72, 2018 Pa. Super. LEXIS 276 (Mar. 26, 2018):

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CA6: No knock entry at 4 am stated claim for unreasonable execution of SW

Plaintiffs adequately allege a claim for unreasonable execution of a search warrant. The officers executed a search warrant at 4 am without knocking or announcing, and shot the lock off the door. Greer v. City of Highland Park, 2018 U.S. … Continue reading

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KS: Waiting to run criminal history check unreasonably extended stop; drug dog used during that time

The stop was unreasonably extended by waiting several minutes to run a criminal history which was not for safety reasons. While the criminal history check was being run, a drug dog was run around the car. The exclusionary rule applies … Continue reading

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