Category Archives: Trespass

D.D.C.: Merely touching a car trying to see inside it with a flashlight wasn’t a trespass

Police touching defendant’s car when the police looked in it and saw a gun wasn’t a trespass under Jones, and then they forced their way in. Jones involved installing a tracking device on the car. This is not a “ringing … Continue reading

Posted in Plain view, feel, smell, Trespass | Comments Off on D.D.C.: Merely touching a car trying to see inside it with a flashlight wasn’t a trespass

IL: Dog’s alert before trespass on the car meant GFE applied

Where the dog indicated an alert almost immediately and before the dog trespassed on the car, the officer had probable cause, and the good faith exception would be applied. People v. Kendricks, 2023 IL App (4th) 230179, 2023 Ill. App. … Continue reading

Posted in Consent, Dog sniff, Suppression hearings, Trespass | Comments Off on IL: Dog’s alert before trespass on the car meant GFE applied

MI: Long Lake Twp. v. Maxon drone case argued today

The Traverse City MI drone flyover case goes before the Michigan Supreme Court today at 10 am ET. The oral argument link: 164948 Long Lake Township v Todd Maxon. See, e.g., Law360: Mich. Top Court To Decide If Drone Searches … Continue reading

Posted in Drones, Trespass | Comments Off on MI: Long Lake Twp. v. Maxon drone case argued today

AR: Dog alerted outside before it went in open door to sniff again

A drug dog alerted on defendant’s car before the dog approached an open door and sniffed inside, too. The outside alert made the inside alert reasonable. Fleming v. State, 2023 Ark. App. 439 (Oct. 4, 2023). Officers received an anonymous … Continue reading

Posted in Dog sniff, Informant hearsay, Probation / Parole search, Reasonable suspicion, Trespass | Comments Off on AR: Dog alerted outside before it went in open door to sniff again

N.D.Iowa: Drug dog breaking plane of the car window is a trespass and entry without PC

The drug dog broke the plane of the window, and that’s a trespass. There was no probable cause at that point, and the R&R is rejected. The motion to suppress is granted. United States v. Buescher, 2023 U.S. Dist. LEXIS … Continue reading

Posted in Dog sniff, Issue preclusion, Reasonable suspicion, Trespass | Comments Off on N.D.Iowa: Drug dog breaking plane of the car window is a trespass and entry without PC

D.Nev.: Clearly established state statute doesn’t translate to clearly established constitutional law

Clearly established state statute doesn’t translate to clearly established constitutional law for § 1983 qualified immunity purposes. Brown v. Tromba, 2023 U.S. Dist. LEXIS 149020 (D. Nev. Aug. 23, 2023).* “In their reply brief the OSA Defendants cite cases concerning … Continue reading

Posted in Automobile exception, Custody, Qualified immunity, Search incident, Trespass | Comments Off on D.Nev.: Clearly established state statute doesn’t translate to clearly established constitutional law

ID: Drug dog putting feet on car door and window during stiff was a trespass on the chattel and the search should have been suppressed

A warrantless Fourth Amendment “search” occurred when the police drug-sniffing dog trespassed against defendant’s vehicle for the purpose of obtaining information about, or related to, the vehicle. When the dog approached the driver’s side on his second pass, he clearly … Continue reading

Posted in Dog sniff, Prison and jail searches, Reasonable suspicion, Strip search, Trespass | Comments Off on ID: Drug dog putting feet on car door and window during stiff was a trespass on the chattel and the search should have been suppressed

CA9: Chalking tires not a 4A violation

Disagreeing with the Sixth Circuit, the Ninth holds that chalking tires does not violate the Fourth Amendment. It was going on for nearly a century before anyone challenged it. Verdun v. City of San Diego, 2022 U.S. App. LEXIS 29803 … Continue reading

Posted in Reasonable expectation of privacy, Trespass | Comments Off on CA9: Chalking tires not a 4A violation

N.D.Ind.: Passenger has no standing in a stolen car, even if he doesn’t know it’s stolen

Defendant has no standing in a stolen car he is a passenger in, even if he doesn’t know it’s stolen. Also, a key-locked safe in the car could be opened under inventory even though the policy doesn’t talk about it. … Continue reading

Posted in Ineffective assistance, Standing, Trespass | Comments Off on N.D.Ind.: Passenger has no standing in a stolen car, even if he doesn’t know it’s stolen

ID: Drug dog’s nose through a car window before alerting is a search and a Jones trespass

A drug dog’s nose through a car window before alerting is a search and a Jones trespass. De minimis, yet, but still a trespass. There was no probable cause for the automobile exception, and the state waived standing by not … Continue reading

Posted in Dog sniff, Search, Trespass | Comments Off on ID: Drug dog’s nose through a car window before alerting is a search and a Jones trespass

CT: State const. protects against dog sniffs outside motel room doors

There is a privacy interest against a drug dog being employed in a motel hallway looking for drugs in rooms under the Connecticut Constitution. The court had previously found one in apartment buildings. The citizenry wouldn’t accept free wheeling dog … Continue reading

Posted in Dog sniff, Reasonable expectation of privacy, Trespass | Comments Off on CT: State const. protects against dog sniffs outside motel room doors

NE: Continuing stop past end of mission of stop was without consent

Once the mission of the traffic stop should have ended, the officer continued questioning and sought consent. The consent was not voluntary. State v. Thompson, 30 Neb. App. 135, 2021 Neb. App. LEXIS 223 (Sept. 14, 2021). Touching the hood … Continue reading

Posted in Consent, Reasonable suspicion, Trespass | Comments Off on NE: Continuing stop past end of mission of stop was without consent

CA2 en banc: Directions to a suspect don’t make a stop a search without a trespass or an intrusion into a REP

CA2 en banc, summary by the court (8-3): “This case presents what is, in some respects, a familiar question: whether a police officer’s pat-down search of a suspect for weapons was reasonable under the Fourth Amendment. Based on the facts … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion, Trespass | Comments Off on CA2 en banc: Directions to a suspect don’t make a stop a search without a trespass or an intrusion into a REP

CNS: Michigan city defends tire-chalking policy at Sixth Circuit

Courthouse News Service: Michigan city defends tire-chalking policy at Sixth Circuit by Kevin Koeninger (“The federal appeals court heard debate for the second time over whether chalking the tires of a parked car is an unconstitutional search under the Fourth … Continue reading

Posted in Trespass | Comments Off on CNS: Michigan city defends tire-chalking policy at Sixth Circuit

TX1: Police coming to door for knock-and-talk wasn’t a trespass

Police came to defendant’s door for a knock-and-talk, and, when he opened it, the officers smelled marijuana. They went off for a search warrant. Approaching the door for a knock-and-talk was not a trespass. Howard v. State, 2021 Tex. App. … Continue reading

Posted in DNA, Knock and talk, Prison and jail searches, Trespass | Comments Off on TX1: Police coming to door for knock-and-talk wasn’t a trespass

UT: Def succeeds on claim opening car door can be a 4A search, but loses on Davis good faith reliance on prior case

Police opening the door of defendant’s car on a McDonald’s parking lot where he’d nodded off can be a search. Prior authority permitting it, State v. James, 2000 UT 80, 13 P.3d 576, is now limited. This can be a … Continue reading

Posted in Good faith exception, Trespass | Comments Off on UT: Def succeeds on claim opening car door can be a 4A search, but loses on Davis good faith reliance on prior case

CA9: Putting key in a car door to locate right car violates Jones and Jardines

Prior case law on inserting a key in a car door is not a search is contrary to Jones and Jardines. As a parole search, however, it can be reasonable if the car is connected to the parolee. United States … Continue reading

Posted in Probation / Parole search, Trespass | Comments Off on CA9: Putting key in a car door to locate right car violates Jones and Jardines

TX14: SW to take blood includes ability to forensically test it

The search warrant for taking defendant’s blood included the ability to forensically test it. The fact that the forensic analysis of defendant’s blood occurred at a date beyond the three-day window for execution of the warrant did not render the … Continue reading

Posted in Drug or alcohol testing, Scope of search, Trespass, Waiver | Comments Off on TX14: SW to take blood includes ability to forensically test it

D.Mont.: Testing a key in house locks to see if it works was a trespass under Jones and Jardines requiring a SW

Defendant was admitted to a mental hospital after a police call to an erratic person. Because of his apparent mental condition, his backpack was searched by hospital guards. That revealed a knife, a gun, and a house key. ATF was … Continue reading

Posted in Curtilage, Trespass | Comments Off on D.Mont.: Testing a key in house locks to see if it works was a trespass under Jones and Jardines requiring a SW

GA: Retrieval of data from airbag control module after car wreck was search requiring warrant

Warrantless retrieval of data from the airbag control module (ACM) from a vehicle after a car crash was a search that required a warrant. Mobley v. State, 2019 Ga. LEXIS 694 (Oct. 21, 2019).

Posted in Reasonable expectation of privacy, Trespass | Comments Off on GA: Retrieval of data from airbag control module after car wreck was search requiring warrant