Category Archives: Pretext

LA2: Anonymous report of man with a gun without some other possible crime is not RS

An anonymous tip that a man had a gun wasn’t reasonable suspicion. There was no report of any crime being committed at the time. State v. McCall, 2024 La. App. LEXIS 27 (La. App. 2 Cir. Jan. 10, 2024). Defendant … Continue reading

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S.D.Ind.: When a crime occurs in a car in front of the passengers, it’s reasonable to infer they were involved for PC purposes

When a suspected crime occurs in a car in front of the passengers, it is reasonable to infer, for probable cause purposes, that they are involved, comparing Di Re (1947) and Pringle (2003). United States v. Groves, 2023 U.S. Dist. … Continue reading

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CA6: SW’s minor error in naming place to be searched did not entitle ptf to relief; qualified immunity applies

A minor error in the address of the place to be searched could be overlooked because only the right place was searched. There is still qualified immunity. Neal El v. Valasek, 2023 U.S. App. LEXIS 30000 (6th Cir. Nov. 9, … Continue reading

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D.Vt.: Delay in searching one cell phone here leads to suppression but not as to a second one

Considering the four factors to consider in the delay in searching defendant’s cell phone, all the factors favor him. As to the exclusionary rule, “Because there is an ‘appreciable deterrent value’ in suppressing the evidence from the 9/15/22 Warrant, as … Continue reading

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N.D.Cal.: City policy of towing and impounding vehicles for fees owed violated 4A of lessor

Plaintiff leased a vehicle to a motorist who got behind in payments. By the time it was ready to repossess, VW Credit found out that the city had the car towed and held by a towing company which refused to … Continue reading

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E.D.Tex.: Pretextual claim of emergency aid exception to conduct a drug search leads to suppression

Defendant was having a seizure in his underwear on the street, about two blocks from his home. Officers could tell the smell of PCP about him. Officers went to his house and the door was cracked. Looking through the door, … Continue reading

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W.D.Va.: No objective REP in hospital room against police entry to question about shooting

Plaintiff did not have an objective reasonable expectation of privacy in preventing entry into his hospital room by law enforcement officers investing his shooting. Stoots v. Sparti, 2023 U.S. Dist. LEXIS 175529 (W.D. Va. Sep. 29, 2023). “Nor does the … Continue reading

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NBC News: Marion, Kansas, police chief suspended following series of raids

NBC News: Marion, Kansas, police chief suspended following series of raids (“The Marion, Kansas, police chief was suspended this week following a series of raids that included the office of a local newspaper and the home of the city’s vice … Continue reading

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Slate: New Jersey Provides a Road Map for Fighting Racially Biased Traffic Stops

Slate: New Jersey Provides a Road Map for Fighting Racially Biased Traffic Stops by Aliza Hochman Bloom (“When the Supreme Court struck down the use of race-conscious admissions at Harvard and the University of North Carolina last term, the conservative … Continue reading

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S.D.Tex.: Court declines to unseal warrant papers yet; redaction not feasible

The search warrant papers involving search of property of a U.S. Representative are not unsealed yet. The redactions were nearly everywhere and it would not make sense. The interests in temporary nondisclosure are more important here; the government has made … Continue reading

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Radley Balko today

From Radley Balko today: • The New York Civil Liberties Union released data to the Gothamist that shows staggering racial disparities among interactions by the New York Police Department under the leadership of former cop turned mayor Eric Adams. Just … Continue reading

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CA8: Motion to suppress via motion for judgment of acquittal results in plain error review

Defendant’s motion to suppress was made as a motion for judgment of acquittal, so it was subject to plain error review, which it was not. United States v. Thornton, 2023 U.S. App. LEXIS 20109 (8th Cir. Aug. 4, 2023). “The … Continue reading

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E.D.N.Y.: Admin search power doesn’t give govt power to search for ulterior motive

Plaintiff operates 20 pawnshops in NYC. The NYPD conducted records searches without subpoena or warrant, and, after a two-week trial, plaintiff prevailed with a $1m verdict. The fact a business has to maintain records doesn’t mean there is no reasonable … Continue reading

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E.D.Tenn.: Suppression not remedy for violation of equal protection

Suppression of evidence is not the remedy for an equal protection violation, even if it were valid, which it’s not. United States v. Christie, 2023 U.S. Dist. LEXIS 129172 (E.D. Tenn. July 26, 2023). A fictitious license plate is reasonable … Continue reading

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W.D.Pa.: Car parked in driveway was not on protected curtilage

Defendant’s car parked on his driveway was not on the curtilage. It was close to the house, but there was no enclosure or carport like Collins. United States v. Moses, 2023 U.S. Dist. LEXIS 84247 (W.D. Pa. May 12, 2023). … Continue reading

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NYJL: Getting Real in New York Courts: A Behavioral Realist Approach to Search and Seizure Law

NYJL: Getting Real in New York Courts: A Behavioral Realist Approach to Search and Seizure Law (“A discussion of the proposed application of the ‘behavioral realism’ approach to New York’s search and seizure law to provide a check against racist … Continue reading

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OH8: Not following up on obvious window tint violation didn’t make stop for that unreasonable

The officer reasonably believed the car’s tint violated the law because he literally could not see in it. The fact he didn’t follow up more on that doesn’t make it pretext. State v. McDonald, 2023-Ohio-464, 2023 Ohio App. LEXIS 444 … Continue reading

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NJ: Dispatcher’s mistake in BOLO on race of bank robber was attributable to officers and this “implicit bias” can make def’s case of pretext

NJ recognizes pretext, and the dispatcher’s wrong assumption that a bank robber was Black when race was never mentioned is attributable to the officer on the street making the stop. This mistake with “implicit bias” can be a basis for … Continue reading

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D.Haw.: Specific exigency not required for automobile exception search

Defendant’s car could be searched under the automobile exception while it was parked at his mother’s condo. Exigency isn’t specifically required. United States v. Chan, 2023 U.S. Dist. LEXIS 14062 (D. Haw. Jan. 27, 2023).* Even if defendant’s otherwise objectively … Continue reading

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W.D.Ky.: Allowing theft from house after a search had a state remedy, so no § 1983 remedy

Plaintiff alleged the Sheriff’s Office, after a search, gave the keys to his place to a convicted felon who stole from him. He has a state remedy, not a § 1983 remedy. Stone v. Taylor Cty. Sheriff Dep’t, 2023 U.S. … Continue reading

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