Category Archives: Reasonableness

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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CA5: Thumping a spare tire, even if a search, was with RS and reasonable under 4A

“Here, the agent articulated several observations which, based on his eight years of experience at this checkpoint, indicated that the truck’s spare tire contained contraband. Viewing this testimony in the light most favorable to the Government, and giving due deference … Continue reading

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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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