Category Archives: Search

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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N.D.Ill.: Accidentally transmitted private conversation wasn’t a search

Plaintiff had a conversation near a malfunctioning Motorola handheld radio that transmitted their conversation to the Illinois State Police that was recorded in due course, and then the conversation was passed on resulting in job discipline. The recipients did not … Continue reading

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S.D.Ohio: Def was driver for drug dealer selling from car; a trash pull from his house was sufficient to show nexus

More was shown than just that defendant was a drug dealer. He was the driver for a man who regularly did drug deals and he watched them all go down. He was seen leaving a house attributed to him in … Continue reading

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E.D.Ky.: Activating a key fob to find the car isn’t a search

Activating a key fob to find the car it belongs to is not a search. “Moreover, the Sixth Circuit has held that ‘[t]he mere insertion of a key into a lock, by an officer who lawfully possesses the key and … Continue reading

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MN: Roadside FST and PBT are not searches

Roadside field sobriety testing and then a PBT with probable cause is not a search under the Fourth Amendment. Vondrachek v. Comm’r of Pub. Safety, 2017 Minn. App. LEXIS 318 (Dec. 18, 2017). The officer’s observations of defendant was independent … Continue reading

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Law Review: Government Analysis of Shed DNA Is a Search under the Fourth Amendment

Government Analysis of Shed DNA Is a Search under the Fourth Amendment by Tracey Maclin, Boston Univeristy School of Law, 48 Texas Tech Law Review 287 (2015) (http://ssrn.com/abstract=2685766). Abstract:

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ID: Court-approved receiver acting on behalf of a creditor is not a state actor for 4A purposes

A court-approved receiver acting on behalf of a creditor is not a state actor for Fourth Amendment purposes. Wechsler v. Wechsler, 2017 Ida. LEXIS 332 (Dec. 6, 2017):

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D.N.M.: Def’s claim the officer conducted a pre-search of all bags on a Greyhound bus was based on speculation

The court does not buy defendant’s argument that the officer here waited until all luggage was removed from a Greyhound bus to conduct a feel-up tactile search of the bags in such a way to avoid Greyhound’s surveillance cameras. That’s … Continue reading

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