Category Archives: Search

CA9: Officer opening car door and leaning inside was a search

“Because opening the car door and leaning into the car constituted an unlawful search under the Fourth Amendment, the panel considered what remedy is appropriate in this case. The panel held that the exclusionary rule applies to the loaded handgun … Continue reading

Posted in Probable cause, Search | Comments Off on CA9: Officer opening car door and leaning inside was a search

FL4: Police use of a flashlight isn’t itself a search

“R.F. appeals the denial of his motion to suppress physical evidence. Because we conclude appellant was not seized for Fourth Amendment purposes where the deputy used a spotlight and a flashlight to illuminate his approach of appellant, we affirm the … Continue reading

Posted in Informant hearsay, Plain view, feel, smell, Search, Waiver | Comments Off on FL4: Police use of a flashlight isn’t itself a search

N.D.Miss.: In wrongful death action, officer’s subjective intent offered by 404(b) evidence is inadmissible; reasonableness is objective

Because the reasonableness standard is based on objective evidence confronting the officer, the use of 404(b) evidence here would be too extraneous to show subjective intent. “Because reasonableness under the Fourth Amendment is disconnected from an officer’s subjective intent, the … Continue reading

Posted in Attenuation, Reasonableness, Search | Comments Off on N.D.Miss.: In wrongful death action, officer’s subjective intent offered by 404(b) evidence is inadmissible; reasonableness is objective

NY1: Failure to get a ruling on search issue in trial court is waiver

Failure to get a ruling on a search claim in the trial court is waiver of the issue for appeal. People v. Collins, 2020 NY Slip Op 04517, 2020 N.Y. App. Div. LEXIS 4610 (1st Dept. Aug. 13, 2020). Drug … Continue reading

Posted in Dog sniff, Reasonable suspicion, Search, Staleness, Waiver | Comments Off on NY1: Failure to get a ruling on search issue in trial court is waiver

MT: Field test of seized drugs is a reasonable search

A field test of drugs seized off defendant’s person finding them presumptively methamphetamine is reasonable under the Fourth Amendment and the state constitution. There is no enlarged reasonable expectation of privacy as to them when seized. State v. Funkhouser, 2020 … Continue reading

Posted in Drug or alcohol testing, Reasonableness, Search | Comments Off on MT: Field test of seized drugs is a reasonable search

W.D.Wash.: Powering on a cell phone to look at the lock screen was a search intruding on defendant’s reasonable expectation of privacy

Powering on a cell phone to look at the lock screen was a search intruding on defendant’s reasonable expectation of privacy. United States v. Sam, 2020 U.S. Dist. LEXIS 87143 (W.D. Wash. May 18, 2020):

Posted in Cell phones, Reasonable expectation of privacy, Search | Comments Off on W.D.Wash.: Powering on a cell phone to look at the lock screen was a search intruding on defendant’s reasonable expectation of privacy

E.D.Tex.: Searching a car more than once isn’t a 4A violation

“The fact that Detective Nance searched portions of the vehicle more than once did not violate the Fourth Amendment.” Mendoza v. United States, 2020 U.S. Dist. LEXIS 68469 (E.D. Tex. Apr. 20, 2020). The exclusionary rule does not apply in … Continue reading

Posted in Exclusionary rule, Search | Comments Off on E.D.Tex.: Searching a car more than once isn’t a 4A violation

CA9: County of Riverside v. McLaughlin’s 48 hour rule does not apply to parole holds

County of Riverside v. McLaughlin’s 48 hour rule does not apply to parole holds. Benson v. Chappell, 2020 U.S. App. LEXIS 14035 (9th Cir. May 1, 2020). There was reasonable suspicion for defendant’s stop, but the officer’s opening the car … Continue reading

Posted in Arrest or entry on arrest, Search | Comments Off on CA9: County of Riverside v. McLaughlin’s 48 hour rule does not apply to parole holds

CA5: A dead man is not one of the “people” of the 4A

The estate of a dead man has no Fourth Amendment claim for a search warrant allegedly unreasonably obtained after the death for aggravated assault by the deceased allegedly “‘as a pretext for investigation into [Mr.] Blanchard’s history’ and to ‘besmirch … Continue reading

Posted in Reasonable suspicion, Reasonableness, Search | Comments Off on CA5: A dead man is not one of the “people” of the 4A

VA: Running the serial number of a seized firearm isn’t a “search”

When defendant got out of the car, the officer could see the butt of a gun sticking from his coat pocket, so a frisk was reasonable for officer safety. Looking at the serial number and then running it to see … Continue reading

Posted in Inventory, Plain view, feel, smell, Reasonable suspicion, Search | Comments Off on VA: Running the serial number of a seized firearm isn’t a “search”

E.D.Pa.: Use of a key fob to identify defendant’s vehicle is not a search; it’s commonly available technology under Kyllo

Use of a key fob to identify defendant’ vehicle is not a search invading a reasonable expectation of privacy. United States v. Burgess, 2019 U.S. Dist. LEXIS 206776 (E.D. Pa. Nov. 29, 2019):

Posted in Reasonable expectation of privacy, Search | Comments Off on E.D.Pa.: Use of a key fob to identify defendant’s vehicle is not a search; it’s commonly available technology under Kyllo

CO: DHS caseworkers subject to 4A in their warrantless entry

State DHS case workers are subject to the Fourth Amendment, and their warrantless entry into defendant’s home was unreasonable. People v. Dyer, 2019 COA 161, 2019 Colo. App. LEXIS 1588 (Oct. 24, 2019). Probable cause for search of a car … Continue reading

Posted in Probable cause, Reasonable suspicion, Search | Comments Off on CO: DHS caseworkers subject to 4A in their warrantless entry

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

Posted in Qualified immunity, Search, Seizure, Standing | Comments Off on CA3: A threat to violate the 4A is not a 4A violation; it is contingent for Art. III

OH2: Looking through a parked car’s windows with a flashlight is not a “search”

Officers looked through defendant’s vehicle windows when it was parked with a flashlight during a nighttime stop, and that wasn’t an unreasonable search. In the vehicle was meth in plain view. State v. Brown, 2019-Ohio-3684, 2019 Ohio App. LEXIS 3766 … Continue reading

Posted in Plain view, feel, smell, Search | Comments Off on OH2: Looking through a parked car’s windows with a flashlight is not a “search”

N.D.Ohio: Almost immediate dog sniff during stop didn’t prolong it

The officer had an objective basis for the stop, so defendant’s pretext claim fails. The dog sniff occurred almost immediately during the stop and the stop wasn’t prolonged for it. United States v. Martinez, 2019 U.S. Dist. LEXIS 155124 (N.D. … Continue reading

Posted in Dog sniff, Reasonable suspicion, Search | Comments Off on N.D.Ohio: Almost immediate dog sniff during stop didn’t prolong it

CA11: Telling ptf to move his car wasn’t a 4A seizure

Ordering plaintiff off a parking lot because of suspected trespassing wasn’t a Fourth Amendment seizure. Watkins v. Joy, 2019 U.S. App. LEXIS 22910 (11th Cir. Aug. 1, 2019). X-ray for contraband on an inmate is not a Fourth Amendment claim. … Continue reading

Posted in Search, Seizure | Comments Off on CA11: Telling ptf to move his car wasn’t a 4A seizure