Category Archives: Seizure

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

Posted in Probable cause, Seizure | Comments Off on IA: Detention “a few blocks” from the place of the search is too far under Summers

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

Posted in Computer and cloud searches, Plain view, feel, smell, Reasonable suspicion, Seizure | Comments Off on AL: Officer was lawfully in position for plain view of def’s computer screen

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

Posted in Seizure | Comments Off on D.N.M.: Motions to quash denied in hearing on Microsoft’s relationship to NCMEC under Ackerman

N.D.Ohio: The clear potential for violence in a volatile domestic disturbance was a continuing exigency

The clear potential for violence in a volatile domestic disturbance was exigency. “As is evident from the video, the exigency did not terminate due to the passage of time or as a result of [Off.] Sosenko’s attempts to manage the … Continue reading

Posted in Abstention, Emergency / exigency, Excessive force, Seizure | Comments Off on N.D.Ohio: The clear potential for violence in a volatile domestic disturbance was a continuing exigency

OH3: Handcuffing detainee for safety when officers outnumbered 4-2 was reasonable

Defendant’s vehicle stop was by an officer outside his jurisdiction, but others with jurisdiction immediately showed up. Handcuffing defendant when the officers were outnumbered 4-2 was reasonable during the stop. State v. Davis, 2020-Ohio-619, 2020 Ohio App. LEXIS 570 (3d … Continue reading

Posted in Seizure | Comments Off on OH3: Handcuffing detainee for safety when officers outnumbered 4-2 was reasonable

ID: DL was not seized for warrants check; officer asked to see it and then write info off it, then it was returned

The officer did not seize defendant’s license to conduct a warrant check. In a consensual encounter, he asked to see it then he asked if he could write the information down. He did and handed it back. He later ran … Continue reading

Posted in Consent, Reasonable suspicion, Seizure | Comments Off on ID: DL was not seized for warrants check; officer asked to see it and then write info off it, then it was returned

IA: Trash container on the alley not on his property; no REP

A trash seizure [remember those?] was of trash on an alley awaiting pick up. There was no entry on the curtilage or his reasonable expectation of privacy. State v. Wright, 2020 Iowa App. LEXIS 151 (Feb. 5, 2020). The officer’s … Continue reading

Posted in Reasonable expectation of privacy, Seizure | Comments Off on IA: Trash container on the alley not on his property; no REP

MO: Def’s stop became a seizure with RS and search of backpack was without PC

Defendant was stopped walking with another to a hotel in Columbia, Missouri by an officer pulling up behind them and turning on the patrol car’s emergency lights. Back up arrived, and defendant and his companion were told to put the … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on MO: Def’s stop became a seizure with RS and search of backpack was without PC

PA: A command to roll down the window with an officer on each side of the car is an investigative detention

Defendant’s stop and one officer on each side and a command to roll down the window tells him that he’s required to talk to the officer. That’s an investigative detention. Commonwealth v. Powell, 2020 Pa. Super. LEXIS 67 (Feb. 3, … Continue reading

Posted in Burden of proof, Reasonable suspicion, Seizure | Comments Off on PA: A command to roll down the window with an officer on each side of the car is an investigative detention

CA4: Unnecessarily shooting ptf’s dog was a 4A seizure

Officer came to scene at plaintiff’s house and parked his car within the running area of a dog on a lease between two trees. The plaintiff came out to get the dog. It barked at the officer. When the dog … Continue reading

Posted in Excessive force, Qualified immunity, Seizure | Comments Off on CA4: Unnecessarily shooting ptf’s dog was a 4A seizure

CA6: “Detention in a police car does not automatically constitute an arrest”

“Detention in a police car does not automatically constitute an arrest,” and it depends on all the facts and circumstances. [Officers do that for safety reasons since the detainee is locked in the back seat.] United States v. Bonner, 2020 … Continue reading

Posted in Arrest or entry on arrest, Seizure | Comments Off on CA6: “Detention in a police car does not automatically constitute an arrest”

CA2: CI’s reliability supported because he also testified under oath before warrant issued

“[The CI’s] reliability is further supported by the fact that he ‘testified under threat of the criminal sanction for perjury,’ and that his eye-witness report of the crime was incredibly detailed.” United States v. Martin, 2020 U.S. App. LEXIS 2738 … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Seizure | Comments Off on CA2: CI’s reliability supported because he also testified under oath before warrant issued