Category Archives: Reasonableness

GA: Reasonable mistake of law doesn’t mean “good working order” statute requires an interior mirror on a truck; nothing at all in statute on that

The reasonable mistake of law field encounters a new one: Does a truck have to have an inside rearview mirror when under the “good working order” statute? No, and concluding otherwise is not reasonable. The statute doesn’t even come close. … Continue reading

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CA5: Witness to police shooting handcuffed and detained for 2 hours stated 4A claim for relief

Plaintiff’s father was acting erratic and was armed, and the police were called. Plaintiff was trying to defuse the situation. The SWAT team showed up, and, after a brief stand-off plaintiff’s father was shot while she was standing next to … Continue reading

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S.D.Tex.: Officer’s belief that driver couldn’t stay in the passing lane wasn’t reasonable mistake

The officer’s belief that driving too long in the left lane of a divided highway was a traffic violation wasn’t reasonable because nothing in the statute allows that construction. Therefore, the stop was invalid. United States v. Buruato, 2017 U.S. … Continue reading

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D.Haw.: 20 day delay in getting SW for backpack was unreasonable

The seizure of defendant’s backpack for 20 days without seeking a search warrant was unreasonable. It infringed on defendant’s possessory interest, even though he did not seek return of the backpack. United States v. Uu, 2017 U.S. Dist. LEXIS 170636 … Continue reading

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Miami Herald: Guantánamo guards seize confidential Sept. 11 terror trial defense files

Miami Herald: Guantánamo guards seize confidential Sept. 11 terror trial defense files by Carol Rosenberg: In the latest challenge to attorney-client confidentiality here, prison guards on Wednesday seized the court-approved, non-networked laptop computers and hard drives issued to the accused … Continue reading

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WI: Checkpoint minutes after an armed robbery was reasonable; only two cars stopped

Officers responding to an armed robbery call were in the vicinity and parked in the street with top lights on along a possible escape route creating de facto checkpoint or roadblock. Because of time of day, there were few cars … Continue reading

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NPR: Judge Limits DOJ’s Warrant For Records From Anti-Trump Site

NPR: Judge Limits DOJ’s Warrant For Records From Anti-Trump Site by Laurel Walsley:

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OH2 follows Heien on reasonable mistake of traffic law

Whether defendant properly stopped at the “stop bar” was at worst a reasonable mistake of law and thus still reasonable under Heien. Once stopped, the officer discovered defendant’s license was suspended. State v. Deacey, 2017-Ohio-8102, 2017 Ohio App. LEXIS 4457 … Continue reading

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M.D.Pa.: Even though PA requires PC for certain traffic stops, 4A doesn’t

Pennsylvania’s requirement of probable cause for lane violations isn’t binding in federal court under the Fourth Amendment. “Accordingly, even though a Pennsylvania court may have held that Officer Sampere required probable cause to pull Defendant over for a violation of … Continue reading

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OH Ct.Claims: Ptf prison visitor didn’t prove her strip search was justified or unreasonably conducted

Plaintiff failed to prove her visitor strip search claim against the prison guards involved. The search was based on sufficient particularized suspicion that drugs were coming in through this visitor. The court finds she didn’t remember signing the form about … Continue reading

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TX1: Money was lawfully seized by SW from attorney’s bank account as proceeds of theft

The state seized $80,600 from a criminal defense lawyer’s bank account transferred from IOLTA account that was alleged to be the proceeds of crime. The attorney claimed it was earned attorney’s fees under his retainer agreement. “At the hearing, Fisch … Continue reading

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ID: Stop was lengthy but still reasonable as stuff developed

The stop was lengthy, but it was still reasonably conducted to pursue legitimate investigative ends as stuff developed during the stop. State v. Fenton, 2017 Ida. App. LEXIS 73 (Sept. 29, 2017). The officers’ encounter with defendant wasn’t a seizure. … Continue reading

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