Category Archives: Search

E.D.Cal.: A stolen laptop from a prison medical provider wasn’t a “search”

A laptop of the medical provider was stolen, and plaintiff was told that his medical information may have been on it. He sued claiming a violation of the Fourth Amendment. This doesn’t state a claim. A stolen laptop is not … Continue reading

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D.Del.: Dog sniff at a storage unit not a search

A dog sniff at a storage unit didn’t violate any reasonable expectation of privacy. It isn’t the same as curtilage of the home. Defendant’s attempt to show a Franks discrepancy because he originally rented C43 but moved two weeks later … Continue reading

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D.Alaska: Installing GPS on a package with an anticipatory warrant didn’t require SW

An anticipatory search warrant was issued for 1921 but was delivered to 1911 because of the use of false addresses. The police entered to seize the package. Defendant doesn’t show he has standing in either the package or the place … Continue reading

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S.D.W.Va.: Pen register information collected beyond time limit of register not suppressed under 4A because it’s not a search

Pen register information collected outside the time period of the pen register order would not be suppressed under the Fourth Amendment because its collection is not even a “search.” Defendant has no standing in search warrants issued for two cell … Continue reading

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CA11: “Inserting a probe into a woman’s vagina is plainly a search when performed by the government.”

Unwilling sonogram by a college in a class is a Fourth Amendment search. “Inserting a probe into a woman’s vagina is plainly a search when performed by the government.” Investigative purpose not required. Doe v. Valencia College Board of Trustees, … Continue reading

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D.Del.: Where records examination is voluntary, no 4A claim stated where ptf refuses

The Delaware State Escheater sought an examination of records of Marathon Petroleum, and it refused to comply. The state could not force plaintiff to comply, so there is no search if plaintiff refuses. Marathon Petroleum Corp. v. Cook, 2016 U.S. … Continue reading

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MA: That CI’s tip in another case wasn’t good enough doesn’t say much about this one where it was more detailed and better corroborated

The CI’s tip here was detailed and substantially corroborated. As to the CI’s track record, a search was suppressed on his information after this one occurred, but that doesn’t ipso facto impugn his credibility. In the other case, the CI’s … Continue reading

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WaPo: The Volokh Conspiracy; Applying the Fourth Amendment to placing calls from a locked phone to identify its owner

WaPo: The Volokh Conspiracy: Applying the Fourth Amendment to placing calls from a locked phone to identify its owner by Orin Kerr:

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WA: FST is a seizure, but it is not a search under Fourth Amendment

Field sobriety test is a seizure, but it is not a search under Fourth Amendment or the more inclusive state constitution. State v. Mecham, 2016 Wash. LEXIS 695 (June 16, 2016):

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C.D.Ill.: Opening a flip phone to see the screen is a “search” under Hicks

Opening defendant’s flip phone to see the home screen is a search under Hicks. The phone was clearly seized under the Fourth Amendment. The government, however, showed probable cause for a search warrant for the phone, and that was independent … Continue reading

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