Category Archives: Reasonableness

ACLU: Does a US Warrant Extend to Data Held Abroad?

ACLU: Does a US Warrant Extend to Data Held Abroad? by Jennifer Stisa Granick: When the government wants a company in the United States to turn over private data stored in another country, which country’s laws apply? The Supreme Court … Continue reading

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NJ: Misapplication of statute to make stop means stop is bad; Heien not yet applied in NJ

The law requires a working taillight. Defendant had one. “The officer’s erroneous application of the functioning taillight requirement was not an objectively reasonable mistake of law.” Therefore, Heien and the objectively reasonable mistake of law doesn’t apply here. The court, … Continue reading

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CA1: Exclusionary rule as to a statement won’t be applied to military disciplinary review board case

In a military disciplinary case, the court holds that a statement obtained without warnings could still be used before a disciplinary review board because the exclusionary rule is disfavored. Sasen v. Spencer, 2018 U.S. App. LEXIS 517 (1st Cir. Jan. … Continue reading

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NC: Officer’s reasonable but mistaken belief that def’s picture was in a database of wanted persons made the arrest valid

The officer’s reasonable but mistaken belief that defendant’s picture was in a database of wanted persons made the arrest valid. “Additionally, the seizure of a person based on a reasonable mistake as to that person’s identity is constitutional. State v. … Continue reading

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N.D.Iowa: Officer’s slow walking issuance of ticket to allow drug dog time to arrive wasn’t objectively unreasonable

The officer’s subjective intent to delay the processing of defendant’s speeding ticket didn’t show that it was objectively slowed down to give time to get a drug dog to the scene to conduct a car sniff before the finishing of … Continue reading

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A.F.Ct.Crim.App.: AFOSI form that said cell phone consent search would be done in 3 days wasn’t constitutionally binding

An AFOSI form states that a cell phone search has to occur within three days of their acquiring the phone. The court in the past has suggested that form change because it’s unreasonable to expect that it can be done … Continue reading

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E.D.La.: Not filing motion to suppress but joining in codef’s renewed motion to suppress was waiver

Where one defendant didn’t file a motion to suppress but joined in a renewed motion to suppress of a codefendant, the motion is treated as waived. The procedure attempted circumvents Rule 12. Moreover, he doesn’t even have standing. United States … Continue reading

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N.D.Ind.: State court GPS tracking order limited to Indiana didn’t prevent FBI from using it under 4A when car went to California

Defendant was suspected of a bank robbery, and the government presented a GPS tracking warrant affidavit to an Indiana judge to track defendant in Indiana. Shortly thereafter, defendant drove to Los Angeles, and he was stopped for a traffic offense … Continue reading

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MA: Search of vehicle outside territorial jurisdiction of officers was void; inevitable discovery rejected

The informant hearsay satisfied Aguilar-Spinneli and thus showed probable cause. The search incident of defendant’s person was thus justified. The search of a car in an adjoining town was unreasonable because there was no statutory authorization for it under state … Continue reading

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CA4: Officer who obtained court order for minor ptf to be detained and to get an erection so police could photograph it gets no QI; this isn’t remotely reasonable

Plaintiff was a 17 year old that allegedly sent a picture of his erection to his 15 year old girlfriend. Defendant obtained a court order for plaintiff to be transported to a juvenile detention center to masturbate to get an … Continue reading

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S.D.Ill.: Scope and meaning of consent form determined by objective reasonableness

It was objectively reasonable for officers to believe that the consent form defendant signed applied to the apartment searched. There were two buildings on the property, and he was in an apartment with a different mailing address. The consent form … Continue reading

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D.Kan.: State law does apply under 4A in parole searches; here, there was a reasonable basis for it

In the Tenth Circuit, the area of state probation and parole search is about the only area where the Fourth Amendment is informed by state law, and state law determines limits on state actors in the first instance, and then … Continue reading

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