Category Archives: Seizure

WA: Breath for BAC is not subject to search incident doctrine

Defendant was arrested for another reason, and police did a search incident of his breath for DUI. That’s not a proper purpose. City of Vancouver v. Kaufman, 2019 Wash. App. LEXIS 2616 (Oct. 15, 2019). The search warrant appears based … Continue reading

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N.D.Cal.: Search of car violated Rodriguez and product of that search led to suppression of SW for house

Defendant’s stop was unreasonably prolonged and violated Rodriguez. The product of that search was used to get a search warrant for the house. The search of the house is suppressed, too. United States v. Maffei, 2019 U.S. Dist. LEXIS 177755 … Continue reading

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NJ: Def made showing for additional discovery to make Franks challenge

Defendant sought additional discovery to be able to pursue a Franks challenge, and it was denied, and that was error. “In sum, because defendant was not able to investigate anything in the detective’s affidavit by obtaining routine discovery that should … Continue reading

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Two on Miranda custody

Defendant was not in custody for Miranda purposes. The officers went back and forth between him and his victim in his own house. He wasn’t restrained. The trial court erred in suppressing his statement. People v. Davis, 2019 CO 84, … Continue reading

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CA3: A threat to violate the 4A is not a 4A violation; it is contingent for Art. III

“The Probation Department employees’ alleged threat to send Repotski back to jail does not state a constitutional violation cognizable under § 1983. See McFadden v. Lucas, 713 F.2d 143, 146 (5th Cir. 1983) (noting that mere threats do not amount … Continue reading

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CA2: Initially stopping for a police signal, arguing with officers, and then fleeing in a high speed chase wasn’t a “seizure” until he was arrested after the chase

Defendant wasn’t seized when he stopped as a result of a police signal, became argumentative, and fled the scene without submitting to authority. After that, he was seized after a high speed chase that gave the officers probable cause for … Continue reading

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CA11: Officer’s threat to arrest ptf for trespass if he didn’t leave a shopping center wasn’t a seizure

Police officer’s threat to arrest plaintiff for trespass if he didn’t leave a shopping center was not a Fourth Amendment seizure. Watkins v. Ramcharan, 2019 U.S. App. LEXIS 25016 (11th Cir. Aug. 22, 2019). The officer’s encounter with a parked … Continue reading

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D.Ariz.: IRS seizure of funds in registry of court not 4A violation

IRS seizure of funds in the registry of the court invades no Fourth Amendment interest of the taxpayer. United States v. Bigley, 2019 U.S. Dist. LEXIS 142220 (D. Ariz. Aug. 20, 2019).* No showing that ICE raid was conducted egregiously … Continue reading

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M.D.Ga.: Def handcuffed for officer safety was unMirandized, and his statement admitting to gun that led to search for it suppresses both

Officers had a right during a traffic stop to check criminal history, and that legitimately led to finding defendant’s search waiver. The Georgia search waiver is not complete, however, and more stringent than the one in Samson. He was handcuffed … Continue reading

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IN: Even if admitting SW affidavit at trial was error, it was harmless based on all the evidence

Officers had a search warrant for defendant’s car, but he also had a community corrections search waiver on file. (The latter wasn’t even acknowledged by the parties.) Defendant was suspected of an ongoing operation of drug selling, so the older … Continue reading

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N.D.Ga.: Def’s removal for questioning and 8 hour detention could’t be justified under Summers

Defendant’s handcuffing and removal to the police station for interrogation could not be justified by Summers and was without probable cause. He was held eight hours and interrogated. United States v. Mitchell, 2019 U.S. Dist. LEXIS 139026 (N.D. Ga. June … Continue reading

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SD: Def wasn’t stopped by the officer when he encountered car based on anonymous call

Police received an anonymous call that a particular van was DUI. An officer found the van parked at a gas station, parked far enough away that defendant could back out, and he walked up and asked how defendant was doing, … Continue reading

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