Category Archives: Pretext

D.Mont.: Dropbox conducted a private search finding CP

Dropbox found child porn in defendant’s account, and it reported to NCMEC. Dropbox conducted a private search. United States v. Balog, 2024 U.S. Dist. LEXIS 90179 (D. Mont. May 20, 2024).* “Defendant argues that the search of his vehicle was … Continue reading

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FL6: Def abandoned bag by leaving it where he had no right to re-enter to retrieve it

“Hargrove left his bag on a residential property that he had no legal right to enter and in a vehicle that he had no legal right to enter. Therefore, Hargrove left the bag in a place where he could not … Continue reading

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techdirt: Court Calls Out BS ‘Driving While Black’ Traffic Stops While Tossing Felony Possession Conviction

techdirt: Court Calls Out BS ‘Driving While Black’ Traffic Stops While Tossing Felony Possession Conviction by Tim Cushing:

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IL and DWB, driving while black

There was no lawful basis for defendant’s stop – it was a case of DWB, driving while black, something that needs to be confronted. Reversed. People v. Carpenter, 2024 IL App (1st) 220970, 2024 Ill. App. LEXIS 749 (Mar. 29, … Continue reading

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C.D.Cal.: Inquiry into actions of others besides the officers involved in search is a new Bivens claim and barred

“Second, the type of evidence necessary to prove Plaintiffs’ case differs from Bivens. Bivens required only an inquiry into the actions of arresting officers. Meanwhile, Plaintiffs challenge the propriety of Zellhart’s warrant application and special search procedures, requiring the Court … Continue reading

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The Appeal: Forty-Six States Paid for Violent, Racist Police Training. We Should Ban Pretextual Stops Instead.

The Appeal: Forty-Six States Paid for Violent, Racist Police Training. We Should Ban Pretextual Stops Instead. by Shirley LaVarco (“For decades, we’ve been told police officers just need training and resources to do their jobs correctly. These items, including cultural … Continue reading

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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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