Category Archives: Seizure

D.Me.: In a knock-and-talk for CP, it was not unreasonable to tell defendant he had the choice of consenting to seizure of the computer or the house pending arrival of a SW

Officers came to defendant’s house essentially as a knock and talk to obtain child pornography on his computer which they knew he had. They told him he could consent to a seizure of the computer while they got a warrant … Continue reading

Posted in Consent, Knock and talk, Seizure | Comments Off on D.Me.: In a knock-and-talk for CP, it was not unreasonable to tell defendant he had the choice of consenting to seizure of the computer or the house pending arrival of a SW

NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here?

NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here? By Barry Kamins: In this article on Criminal Law and Procedure, Barry Kamins looks at criticism of ‘People v. DeBours,’ the case establishing the level of intrusion allowed during … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here?

CA9: Unreasonable detention of those present when SW executed not shown

“The district court also did not err in granting summary judgment in favor of the individual defendants on Strong and Byers’ claims that the detention violated their Fourth Amendment rights. Officers may detain all persons present when a warrant is … Continue reading

Posted in Independent source, Seizure, Warrant execution | Comments Off on CA9: Unreasonable detention of those present when SW executed not shown

WA: Where ptf didn’t know he was being pursued, act of force to knock him from motorcycle doesn’t get qualified immunity

Where plaintiff showed he didn’t know he was being pursued by police while on his motorcycle, the officer’s act of opening his car door to knock him off his bike was a question for the jury, and the officer gets … Continue reading

Posted in Qualified immunity, Seizure | Comments Off on WA: Where ptf didn’t know he was being pursued, act of force to knock him from motorcycle doesn’t get qualified immunity

NE: Stopping car leaving house under surveillance for which SW was sought was reasonable just to gather information

Defendant’s car was leaving a house under surveillance as a place where a gun safe was known to have been taken after a burglary to break it open. A search warrant was being sought. The stop was a seizure, but … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on NE: Stopping car leaving house under surveillance for which SW was sought was reasonable just to gather information

CA9: Being detained and then moved with hands briefly behind back wasn’t an arrest

Defendant’s brief detention and moving him from a public area to a private area was not a seizure, even though his hands were held behind his back as he walked. United States v. Torres, 2018 U.S. App. LEXIS 11897 (9th … Continue reading

Posted in Arrest or entry on arrest, Consent, Seizure | Comments Off on CA9: Being detained and then moved with hands briefly behind back wasn’t an arrest

VI: In a traffic stop, def delayed in getting out and made furtive movements; officer asked “what do you have there?” Answer [“Just some weed.”] wasn’t 5A violation under Berkemer

Defendant was stopped for passing on a double solid line. The officer called out through the vehicle PA for him to get out of the car, but he first fished around moving things. When the officer got to the window, … Continue reading

Posted in Franks doctrine, Seizure | Comments Off on VI: In a traffic stop, def delayed in getting out and made furtive movements; officer asked “what do you have there?” Answer [“Just some weed.”] wasn’t 5A violation under Berkemer

E.D.Va.: Def could be seized under the SW for the business searched when he was found near the door heading in

The narcs timed execution of a search warrant for when defendant’s heroin dealer would arrive. He was near the front door when the police arrived, and he could be detained under Summers and Bailey. United States v. Jones, 2018 U.S. … Continue reading

Posted in Arrest or entry on arrest, Ineffective assistance, Seizure | Comments Off on E.D.Va.: Def could be seized under the SW for the business searched when he was found near the door heading in

CA3: Controlled buy moots Franks challenge to CI

The CI’s story was confirmed by two controlled buys. The Franks challenge to the CI fails as to whether it was corroborated or completely immaterial because of the controlled buys. United States v. Carney, 2018 U.S. App. LEXIS 8116 (3d … Continue reading

Posted in Franks doctrine, Informant hearsay, Seizure | Comments Off on CA3: Controlled buy moots Franks challenge to CI

WaPo: After his family died, he threatened to kill himself. So the police took his guns.

WaPo: After his family died, he threatened to kill himself. So the police took his guns. By Eli Saslow:

Posted in Seizure, Warrant requirement | Comments Off on WaPo: After his family died, he threatened to kill himself. So the police took his guns.

Politico: The Legal Way to Seize Guns From Dangerous People

Politico: The Legal Way to Seize Guns From Dangerous People by Alex Yablon It’s not the way President Trump suggested.

Posted in Seizure | Comments Off on Politico: The Legal Way to Seize Guns From Dangerous People

D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen

Defendant’s arrest led to a search incident of luggage, but he was handcuffed and in a police car. So, the search incident doctrine can’t apply, but an inventory would have inevitably occurred, so that provides an independent basis for the … Continue reading

Posted in Independent source, Private search, Reasonable suspicion, Search incident, Seizure | Comments Off on D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen