Category Archives: 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

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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

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Reason: The Feds Want To Subject Every Burning Man Attendee to a Warrantless Drug Search

Reason: The Feds Want To Subject Every Burning Man Attendee to a Warrantless Drug Search by Brian Doherty: The Bureau of Land Management sees no Fourth Amendment concerns with searching American citizens for reasons to arrest them without probable cause … Continue reading

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D.N.J.: Suggestion def look in console for insurance papers revealing a gun in plain view wasn’t a search

During defendant’s stop, he couldn’t find his insurance papers. Defendant rummaged through papers here and there. The officer suggested defendant look in the center console again, and this time the officer saw a gun. The suggestion he look in the … Continue reading

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W.D.Tex.: RS of a weapon nearby in a car authorizes opening the door

“In this case the officers had either probable cause or reasonable suspicion to open the car doors to substantiate their belief that weapons, drugs and money were in the vehicle. Further, they were authorized to take photographs to inventory the … Continue reading

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W.D.Mo.: Reaching in def’s car to turn it off wasn’t a search, and plain view of a gun proper

Defendant’s stop was reasonable because the LPN didn’t match the vehicle. His reaching in the car to turn off the ignition was not a search. “As Officer Jenkins was backing out of the vehicle, she looked down and saw what … Continue reading

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CA5: Tapping a vehicle tire was a trespass but with RS and was reasonable on the totality

The tapping of a suspicious looking tire on a truck was a trespass under Jones and other cases, but the court finds it was with reasonable suspicion and reasonable on the totality. The tapping of the tire revealed that it … Continue reading

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CA7: Using several garage door openers in def’s vehicle to locate his stash house was a reasonable search

Defendant’s vehicle was stopped and several garage door openers were found. Using them to try to find defendant’s stash house was a search and it was reasonable, although close to the edge. United States v. Correa, 2018 U.S. App. LEXIS … Continue reading

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D.N.M.: Lifting a bag on an empty bus’s overhead rack to see the name tag was not a search

Travelers have a reasonable expectation of privacy that their luggage will not be manipulated in a way to effectively search it. That does not mean that officers can’t perform a dog sniff or move it without manipulating it. Here, the … Continue reading

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CA7: City’s use of “smart meter” is a search, but it is reasonable because it’s not for criminal purposes and law enforcement never knows

The use of a smart meter to collect energy consumption in homes is a search under the Fourth Amendment under Kyllo. It is, however, a reasonable search because it is purely for the use of the power company and city … Continue reading

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CA9: Shaving a spot on cattle to look at a brand doesn’t violate 4A

Shaving a spot on cattle to look at a brand doesn’t violate the Fourth Amendment. [Actually, nowhere does anything say that so qualified immunity must apply. The case doesn’t say that, but that’s the bottom line.] Gillette v. Malheur County, … Continue reading

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W.D.Tex.: Removal of def’s key fob to press the buttons to locate car was a search that violated a REP in def’s pants pocket

The removal of defendant’s key fob from his pocket to locate his car violated a reasonable expectation of privacy and required suppression of the identity of his car. United States v. Fennell, 2018 U.S. Dist. LEXIS 77041 (W.D. Tex, May … Continue reading

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