Category Archives: Seizure

CA5: QI granted officer who detained business owner for 4 hrs for civil violation

Detaining a business owner for four hours for civil violations wasn’t clearly established as a Fourth Amendment violation, so the officer gets [away with it by getting] qualified immunity. Okorie v. Crawford, 2019 U.S. App. LEXIS 10918 (5th Cir. Apr. … Continue reading

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ScotusBlog: Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding

ScotusBlog: Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding by Howard M. Wasserman: McDonough v. Smith, to be argued on April 17, offers the Supreme Court another opportunity to clarify when civil-rights … Continue reading

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N.D.W.Va.: Factual mistakes in the affidavit for SW didn’t undermine the factual showing; the GFE also applies

There were factual mistakes in the affidavit for search warrant, but it doesn’t undermine the probable cause showing. In any event, the mistakes are in good faith and the good faith exception applies. United States v. Naum, 2019 U.S. Dist. … Continue reading

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PA: “The Fourth Amendment does not have a time limit; it protects individuals from unreasonable seizures, no matter how brief.”

“The Fourth Amendment does not have a time limit; it protects individuals from unreasonable seizures, no matter how brief.” The brief detention here wasn’t based on reasonable suspicion and implicated the Fourth Amendment. Commonwealth v. Adams, 2019 Pa. LEXIS 1734 … Continue reading

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WA: It’s defendant’s burden to show a seizure occurred

“An appellant making an unconstitutional seizure claim has the burden of proving that a seizure occurred. … [¶] Here, Yang consented to Koster’s entry. Throughout their time in the house, Lucas and Koster told Ho what they were doing. They … Continue reading

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S.D.Ga.: Rule 41(g) doesn’t enable return of property the govt doesn’t have

Property not in the hands of the federal government cannot be ordered returned under Rule 41(g). Administratively forfeited case can’t be returned; there was a remedy. United States v. Morris, 2019 U.S. Dist. LEXIS 45071 (S.D.Ga. Mar. 19, 2019). Defendant’s … Continue reading

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Reason: Volokh Conspiracy: New Cert Petition: Does the Fourth Amendment Allow “Information Seeking” Stops of Suspects?

Reason: Volokh Conspiracy: New Cert Petition: Does the Fourth Amendment Allow “Information Seeking” Stops of Suspects? by Orin Kerr:

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S.D.N.Y.: A prison cell search doesn’t need justification

“‘[P]rison officials are presumed to do their best to evaluate and monitor objectively the security needs of the institution and the inmates in their custody, and then to determine whether and when such concerns necessitate a search of a prison … Continue reading

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D.Ariz.: Driving below “normal speed of traffic” is undefined and couldn’t form basis for stop

There is no statutory definition of ‘normal speed of traffic.’ And, Officer Anderson did not testify that the SUV was driving less than the ‘normal speed of traffic’ as required by the statute. Rather, he stated that the SUV was … Continue reading

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CA4: 31 day delay in getting SW for cell phone was unreasonable

The government’s 31 day delay in getting a search warrant for defendant’s cell phone after its seizure was unreasonable and required suppression of the alleged child pornography on the phone. Because defendant was sentenced to life, the error was not … Continue reading

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S.D.N.Y.: Destruction of surveillance cameras before search not a “seizure” or due process violation

The government destroyed defendant’s surveillance cameras as a part of the search just before it started. He asserts a Fourth Amendment and Fifth Amendment due process claim as a result. The court finds no authority that disabling the cameras was … Continue reading

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D.D.C.: Community caretaking function doesn’t apply well to seizures; seizure and frisk suppressed

Officers responded to a drive-by shooting allegedly picked up by ScatterShot. Officers grabbed defendant’s arm ostensibly to see if he’d been shot, and it was readily apparent that he had not been, and he denied it. The community caretaking function … Continue reading

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