Category Archives: Search

CA1: Using def’s keys to find his apt door was a “search” but it was still in GF even though that fact was in warrant application for apt

Defendant was arrested for drug dealing outside his apartment building. A search incident produced a set of keys. The police tried the keys on the apartment door until they worked. They didn’t enter but used the facts they’d developed plus … Continue reading

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OR: Testing for semen in 9 yo girl’s underwear obtained by private search required a SW (under state constitution)

Defendant’s housekeeper’s finding likely semen in his 9 year old daughter’s underwear and turning it over to the authorities was a private search. “[T]esting of the underwear for semen was a ‘search’ under the Fourth Amendment because it significantly expanded … Continue reading

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E.D.Ky.: Def’s keys under him when arrested were properly seized incident to arrest; testing key in a lock wasn’t a search

Defendant’s keys were on the ground under him when he was arrested face down and handcuffed behind his back. They were seen when he was lifted up to stand. They were seized incident to his arrest, and inserting the key … Continue reading

Posted in Reasonable suspicion, Search | Comments Off

E.D.Tex.: “The open fields doctrine allows searches based upon only visual observation.” Using a board to stir a tank was a search

A US Fish and Wildlife officer “interviewed Josh Monceaux who revealed that Williams fishes for and catches alligator snapping turtles in Texas and then sells them from his home in Elton, Louisiana. Monceaux also reported that Williams [G]oogle [E]arth* image … Continue reading

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CO: In this recreational MJ use state, a dog sniff is a “search,” and a positive alert isn’t PC a crime is occurring

Use of a drug dog on a car is a “search” in marijuana recreational use Colorado, and a dog alert which could be of either legal or illegal substances is not probable cause. People v. McKnight, 2017 COA 93, 2017 … Continue reading

Posted in Dog sniff, Probable cause, Search, State constitution | Comments Off

WI: Tax assessor’s effort to see interior of home for assessment implicates the 4A

The tax assessor’s demand to see the interior of plaintiffs’ house is a search governed by the Fourth Amendment. Because it is the home, it is not “minimal,” and there is no administrative search exception that permits it. The city … Continue reading

Posted in Franks doctrine, Reasonable expectation of privacy, Search | Comments Off

GA: A field sobriety test is not a “search”

A field sobriety test is not a “search,” recognizing authorities to the contrary. Mitchell v. State, 2017 Ga. LEXIS 545 (June 26, 2017):

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CA6: Realtime cell phone GPS tracking of a fugitive for 7+ hours was not a “search”

Realtime cell phone GPS tracking of a fugitive for 7+ hours was not a “search” under the Fourth Amendment, following United States v. Skinner, 690 F.3d 772, 781 (6th Cir. 2012). United States v. Riley, 2017 U.S. App. LEXIS 9900 … Continue reading

Posted in Cell site location information, Reasonable expectation of privacy, Search | Comments Off

N.D.Ga.: Prior illegal search of cell phone was moot by SW based on prior acquired info

Even though the government conducted an illegal warrantless search of defendant’s cell phone, they later obtained a search warrant based on previously acquired information, so the independent source doctrine applies. United States v. Keel, 2017 U.S. Dist. LEXIS 58895 (N.D. … Continue reading

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S.D.Ind.: T-Mobile’s policy to do a data dump on any T-Mobile phone linked to a robbery of one of its stores doesn’t make it a government agent

A T-Mobile store was robbed, and their policy is to do a data dump including CSLI of any T-Mobile phone number potentially linked to the robbery. That does not make them a government agent in the data dump. United States … Continue reading

Posted in Cell phones, Cell site location information, Search | Comments Off