Category Archives: Reasonableness

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

Posted in § 1983 / Bivens, Body searches, Qualified immunity, Reasonableness | Comments Off on 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

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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W.D.Mo.: Misreading a “hot sheet” for stop of a car was objectively reasonable mistake

Police had a “hot sheet,” a list of stolen cars from a car dealership, and were on the look out. “In this case, Officer Palmer believed that the red Dodge Challenger had been stolen from the dealership in Excelsior Springs, … Continue reading

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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

Posted in Reasonableness, Seizure | Comments Off on CA5: Witness to police shooting handcuffed and detained for 2 hours stated 4A claim for relief