Category Archives: Search

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

Posted in Search | Comments Off

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

Posted in Search | Comments Off

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

Posted in Informant hearsay, Search, Standing | Comments Off

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:

Posted in Cell phones, Search | Comments Off

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):

Posted in Search, Seizure | Comments Off

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

Posted in Cell phones, Search | Comments Off

CT: Photographing def’s body would not be a search

“In the present case, the police officers’ attempts to photograph the defendant did not constitute either an unreasonable search or compelled self-incrimination. Because the defendant had no fourth or fifth amendment right to refuse to be photographed, his noncooperation was … Continue reading

Posted in Search | Comments Off

IL: GJ subpoena for palm prints in cold case didn’t violate Fourth Amendment

A grand jury subpoena was used to get defendant’s palm prints while he was in prison in 2004 to see whether he was connected to a 1997 murder. The grand jury subpoena did not violate the Fourth Amendment or the … Continue reading

Posted in Search, Seizure, Subpoenas / Nat'l Security Letters | Comments Off

SC: Reading a computer SN was a “search” under Hicks, but it was permitted under a valid probation search

Defendant was on probation and believed to be involved in a murder where a red widescreen Acer laptop was taken. Probation officers went to his house to talk to him with reasonable suspicion, and he was sitting there with a … Continue reading

Posted in Probation / Parole search, Search | Comments Off

NJ: SW for def’s person made it reasonable to frisk him them move him elsewhere for the search of the person

Officers had a warrant to search defendant’s person and house. When they found him, they conducted a patdown and then moved him elsewhere for the more intrusive search. The second search was objectively reasonable under the warrant, and moving him … Continue reading

Posted in Reasonableness, Search | Comments Off