Category Archives: Reasonableness

CA11: Opening car door to check window tint was reasonable

“On this record, opening the car door to test the window tint did not violate the Fourth Amendment since it satisfied the factors in Class — the safety of the officers was served by the governmental intrusion, the intrusion was … Continue reading

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D.Neb.: Over a year of CSLI was reasonable where the conspiracy covered over two years

Defendants were charged with a series of ATM robberies, and the government sought historical CSLI to link the defendants together. This is third party information. The fact that information was sought for over a year in some of the defendants’ … Continue reading

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FL: Passengers are also detained for a reasonable time; def’s getting out of car reasonably delayed the stop while backup came

Officers could, as a matter of course, detain the passengers of a vehicle for the reasonable duration of a traffic stop without violating the Fourth Amendment. Although the traffic stop might have lasted longer than a routine, uneventful stop, it … Continue reading

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CA8: Shooting ptf’s dog was objectively reasonable; it was running on a busy freeway and refused to be captured and caused safety hazard

Plaintiff’s dog escaped and ran down I-29 and cars were swerving dodging the dog. The defendant officer attempted to capture the dog but the dog eluded capture. With the patrol car in the road keeping cars back, traffic quickly backed … Continue reading

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Cal.4: Probation search of “property, personal effects” reasonably includes a cell phone and its data

A probation search of “property, personal effects” reasonably includes a cell phone and its data. There are no limits on what “personal effects” means in the search condition paperwork. And, this was misdemeanor probation, and the search of the phone … Continue reading

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A.F.Ct.Crim.App.: Retest of inconclusive UA was reasonable

The military judge erred in suppressing the results of a second “reinspection” UA administered as a base protocol after a first UA after an AWOL come up positive, diluted, or inconclusive. It was a reasonable command imposed requirement. United States … Continue reading

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N.D.Ind.: Following Strieff, no matter the justification for def’s arrest, three FTA warrants justified search incident

Defendant was suspected of attempting a burglary by removing a screen when he fled. He refused to stop and officers finally caught up with him. Instead of submitted, he reached for his pants, and a frisk produced a gun. It … Continue reading

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CA10: Criminal history questions during a traffic stop reveal no more than the computer check would and aren’t unreasonable

It wasn’t unreasonable for the officer to ask criminal history questions during a traffic stop because the computer check would reveal the same information. Travel plan questions didn’t extend the stop, and defendant’s gun was seen when he got out … Continue reading

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CA11: Order to Apple to unlock iPad was reasonable under All Writs Act and New York Telephone

The district court’s order to Apple to unlock defendant’s iPad was reasonable and appropriate under the All Writs Act and United States v. New York Telephone Co. Also, seizing an entire Facebook account wasn’t “open and shut” a general warrant, … Continue reading

Posted in Overbreadth, Reasonableness, Warrant execution | Comments Off

IL again holds that a second officer running a dog around a car while first officer writes ticket is reasonable because it doesn’t extend the stop

A second officer arrived immediately after defendant’s stop for speeding, and he ran a dog around the car while the first officer wrote out a ticket. This process didn’t extend the stop, and that was reasonable. People v. Pulido, 2017 … Continue reading

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