Category Archives: Seizure

NM: Stop for mere curiosity to run name was unreasonable stop under Strieff

Stopping defendant for mere curiosity to get his name and then run warrants was an unreasonable stop. When a warrant came up, it wasn’t attenuated under Strieff. “Here, Officer Hernandez testified that it was his practice when working the night … Continue reading

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FL1: FDLE’s failure to remove DNA after acquittal in prior case wasn’t a separate 4A violation nor was it subject to the exclusionary rule

FDLE’s failure to remove defendant’s DNA from the state CODIS database after his acquittal in a prior case wasn’t a Fourth Amendment violation nor subject to the exclusionary rule to keep it from being used in this case. The evidence … Continue reading

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OH9: Def’s observed association with wanted fugitive permitted his seizure at time of fugitive’s arrest, too.

Defendant was in a car wash and the USM fugitive task force was tailing a person in another car at the car wash. That person came over to defendant’s car and spoke to him. When the person being surveilled started … Continue reading

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CA11: Detaining an innocent person in handcuffs for two hours at scene of SW doesn’t state a claim

Officers executing a search warrant detained an innocent person in handcuffs for two hours, and that doesn’t state a claim. Also, just being at the warrant execution meeting before the officers went to the scene doesn’t make all those officers … Continue reading

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D.Nev.: Lack of officer reports of facts for PC to arrest goes only to their credibility, but they still were

There was ample probable cause for defendants’ arrest and stopping their car to do it despite the lack of reports. That goes to credibility, and the court finds it wanting. United States v. Davis, 2020 U.S. Dist. LEXIS 105973 (D. … Continue reading

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D.C.: Four day delay in getting SW for car and then searching it was unreasonable and interfered with def’s possessory interests

A four day delay between the seizure of defendant’s car and obtaining a search warrant for it unreasonably infringed on defendant’s possessory interest in the car. The exclusionary rule should be applied here because the delay was all the actions … Continue reading

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S.D.Fla.: Florida’s stay-at-home order didn’t violate the Bill of Rights or the 14A

Florida’s stay-at-home order didn’t violate the Bill of Rights or the Fourteenth Amendment. Henry v. Desantis, 2020 U.S. Dist. LEXIS 86396 (S.D. Fla. May 14, 2020)*:

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VA: Fear of suicide attempt objectively justified warrantless entry as facts developed

Officers had an objectively reasonable basis for an entry and sweep under the emergency aid exception. Defendant was reportedly suicidal, wasn’t communicating at first, and then strange sounds were coming from where he was. “Based on these troubling circumstances, the … Continue reading

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CA1: Drunk underage partiers puking outside and going back in justified a community caretaking entry to see if anyone was in distress

Drunk underage partiers puking outside and going back in justified a community caretaking entry to see if anyone was in distress. Castagna v. Jean, 2020 U.S. App. LEXIS 11357 (1st Cir. Apr. 10, 2020). The use of an administrative warrant … Continue reading

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CA4: Search incident of backpack of handcuffed def still reasonable

Despite his being handcuffed, a search incident of defendant’s backpack was reasonable because he could still try to access it. (First holding was abandonment for disavowing the backpack). United States v. Ferebee, 2020 U.S. App. LEXIS 12940 (4th Cir. Apr. … Continue reading

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E.D.Tenn.: Pill bottle in bedroom is not subject to plain view because incriminating nature not immediately apparent

A pill bottle on top of a dresser wasn’t subject to plain view because its incriminating nature wasn’t immediately apparent. United States v. Crawford, 2020 U.S. Dist. LEXIS 74440 (E.D. Tenn. Apr. 6, 2020), adopted, 2020 U.S. Dist. LEXIS 73477 … Continue reading

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E.D.Wis.: IAC shown for failure to move to suppress arrest in own home

Defendant satisfied his burden of showing ineffective assistance of counsel for defense counsel’s failure to file a motion to suppress that the entry into the house violated the Fourth Amendment and this tainted defendant’s consent. There is no strategic reason … Continue reading

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CA6: Social workers’ in-school interviews of children violated 4A, but law not clearly established

Social workers’ in-school interviews of children of a parent who tested positive for drugs violated the Fourth Amendment, but they get qualified immunity because no case holds what they did was clearly established. Schulkers v. Kammer, 2020 U.S. App. LEXIS … Continue reading

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IA: Detention “a few blocks” from the place of the search is too far under Summers

“Law enforcement officers executing a search warrant are permitted to detain the occupants or those in the immediate vicinity of the premises while a proper search is conducted. See Michigan v. Summers, 452 U.S. 692, 701-04, 101 S. Ct. 2587, … Continue reading

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AL: Officer was lawfully in position for plain view of def’s computer screen

The trial court erred in suppressing the search here because the officer who did it was a law enforcement officer under state law able to do so. On the merits, the officer was in position to make a plain view … Continue reading

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D.N.M.: Motions to quash denied in hearing on Microsoft’s relationship to NCMEC under Ackerman

Defendant gets a hearing on Microsoft’s relationship to NCMEC under Ackerman. The issue in this opinion deals with motions to quash testimony from two of three Microsoft employees. United States v. Rosenschein, 2020 U.S. Dist. LEXIS 38319 (D.N.M. Mar. 5, … Continue reading

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