Category Archives: Search

CO: Opening car door to aid drug dog sniff was a search

The drug dog officer facilitated the drug-detection dog’s entry into Pham’s vehicle by leaving the door open and partially closing and reopening it to allow the dog to enter. That constituted a search under the Fourth Amendment, following Felders v. … Continue reading

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OH5: Drug dog officer’s touching car to redirect dog wasn’t a search

The officer’s briefly touching the vehicle’s exterior to redirect the canine’s focus did not constitute a search. The dog’s certification and training were sufficient to establish its reliability, absent conflicting evidence from the defendant. This traffic stop was not unconstitutionally … Continue reading

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E.D.Mo.: Putting def’s cell phone into airplane mode wasn’t a search

Putting defendant’s cell phone into airplane mode wasn’t a search. The name “Red” was seen on the screen. There was independent probable cause for the cell phone warrant. United States v. Hudson, 2025 U.S. Dist. LEXIS 14952 (E.D. Mo. Jan. … Continue reading

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MN: Dog sniff inside car a search

A dog sniff inside a car is a search. But here it was with probable cause. State v. Johnson, 2024 Minn. App. LEXIS 537 (Dec. 23, 2024):

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S.D.Ill.: Code enforcement officer’s entry to construction site to stop work was not a “search”

A code enforcement officer’s entry onto plaintiff’s construction site to stop work in violation of the city code was not a Fourth Amendment search. And it was otherwise reasonable. Kindle v. Eisert, 2024 U.S. Dist. LEXIS 198527 (S.D. Ill. Oct. … Continue reading

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CA1: Seeing one’s naked body can violate 4A without it being a “search”

Plaintiff inmate gave birth at a hospital while serving a jail sentence. The jailers allegedly seeing her naked in the hospital delivery room violated clearly established Fourth Amendment law. “Thus, a search under the Fourth Amendment does not require Haskell … Continue reading

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D.Ariz.: Govt’s civil discovery demands don’t implicate the 4A

When the government is sued, its discovery demands do not implicate the Fourth Amendment. Arizona Yage Assembly v. Barr, 2024 U.S. Dist. LEXIS 42197 (D. Ariz. Feb. 22, 2024). The obtaining of defendants CSLI before Carpenter was lawful then, and … Continue reading

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WV: Police looking at the exterior of defendant’s car was not a search and violated no REP

Police looking at the exterior of defendant’s car was not a search and violated no reasonable expectation of privacy. State v. Estep, 2024 W. Va. LEXIS 92 (Feb. 20, 2024).* The trial court granted a Franks motion, but the state … Continue reading

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W.D.N.C.: No REP against being tracked by bait bill tracker from bank robbery

There is no reasonable expectation of privacy to not be tracked by a device planted in bait bills taken in a bank robbery. United States v. Day, 2023 U.S. Dist. LEXIS 226779 (W.D. N.C. Nov. 6, 2023), adopted 2023 U.S. … Continue reading

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NY: Dog sniff of the person is a search

A dog sniff of the person is a search. There is a greater zone of privacy for the person than an inanimate object. People v. Butler, 2023 NY Slip Op 06468, 2023 N.Y. LEXIS 2023 (Dec. 19, 2023), aff’g and … Continue reading

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CA7: Hospital medical staff getting def to spit out machine gun part wasn’t search and they weren’t govt actors

Defendant had a Glock fully auto switch in his mouth while in the hospital. While treating him, the medical staff finally got him to spit it out. That was not a search. The medical staff were not government actors for … Continue reading

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S.D.Ga.: Probation search waiver valid despite def not signing it

Defendant’s probation Fourth Amendment waiver was still valid by law despite the fact he hadn’t signed the form. United States v. Crawford, 2023 U.S. Dist. LEXIS 140719 (S.D.Ga. July 7, 2023), adopted, 2023 U.S. Dist. LEXIS 139645 (S.D. Ga. Aug. … Continue reading

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E.D.Cal.: Order to roll down heavily tinted car window is not a search

The order to a motorist to lower his window is not a search, despite the fact the windows were heavily tinted and it made the interior more visible. Two pounds of cannabis on the car seat was probable cause for … Continue reading

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ScotusBlog: Petition of the Week: One police officer opens a car door, and another looks inside. Did they search without a warrant?

ScotusBlog: Petition of the Week: One police officer opens a car door, and another looks inside. Did they search without a warrant? by Kalvis Golde

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Reason: Writing a Crim Pro Casebook: How Do You Cover the “Search” Question?

Reason: Writing a Crim Pro Casebook: How Do You Cover the “Search” Question? A reflection on re-writing a chapter of Kamisar LaFave & Israel by Orin Kerr:

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NJ: Opening a car door is a search

Opening a car door is a search. State v. Gray, 2022 N.J. Super. LEXIS 144 (Dec. 20, 2022). “In sum, the Court finds it is clear that Officer Spain’s purpose in opening Defendant’s door and asking him to step out … Continue reading

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OH: Opening car door was to secure uncooperative def, not search; plain view valid

Opening the car door was not for the purpose of searching; it was to secure the uncooperative defendant. During the interaction, evidence in plain view was seen and the officer then could enter the car to secure it. State v. … Continue reading

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Reason: What’s the Original Public Meaning of “Searches” in the 4th Amendment?

Reason: What’s the Original Public Meaning of “Searches” in the 4th Amendment? by Orin Kerr (“I recently helped put together a panel, that you can watch below, on an important question of Fourth Amendment history and law: What is the … Continue reading

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MS: Using ladder to look over wall in rented storage unit wasn’t a “search” and did not violate any REP

Officers used a ladder to look over a ceilingless wall in a storage building into defendant’s leased unit. The observation led to a search warrant. Defendant had no reasonable expectation of privacy from that look because anyone there could do … Continue reading

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E.D.N.C.: SW needed for drone surveillance over a home

A request for a court order for drone surveillance over a home requires a warrant under the Fourth Amendment. A request under the All Writs Act isn’t the way to do it. In re Application of the United States For … Continue reading

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