Category Archives: Search

D.Alaska: Installing GPS on a package with an anticipatory warrant didn’t require SW

An anticipatory search warrant was issued for 1921 but was delivered to 1911 because of the use of false addresses. The police entered to seize the package. Defendant doesn’t show he has standing in either the package or the place … Continue reading

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S.D.W.Va.: Pen register information collected beyond time limit of register not suppressed under 4A because it’s not a search

Pen register information collected outside the time period of the pen register order would not be suppressed under the Fourth Amendment because its collection is not even a “search.” Defendant has no standing in search warrants issued for two cell … Continue reading

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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

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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

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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

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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:

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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):

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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

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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

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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

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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

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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

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