Monthly Archives: April 2014

Mason C. Clutter, Dogs, Drones, and Defendants: The Fourth Amendment in the Digital Age, 21 Geo. Mason L. Rev. (forthcoming Spring 2014). Abstract:

The state appealed the grant of a motion to suppress installation of a GPS device two years before Jones. It’s a lengthy opinion dealing with all aspects of GPS and affirming suppression: installation with reasonable suspicion, installation under the automobile … Continue reading →

In a § 1983 case, the fact a later convicted deputy sheriff participated in the search of plaintiff’s house doesn’t state a claim against the municipality for custom. Key v. Shelby County, 551 Fed. Appx. 262 (6th Cir. 2014).* Defendant’s … Continue reading →

A nighttime search requires a separate showing of probable cause for that, and, here, a few sales of drugs at night isn’t sufficient. State v. Zeller, 2014 ND 65, 2014 N.D. LEXIS 63 (April 3, 2014):

Defendant consented to the blood draw in this felony DUI case, and it was voluntary on the totality. He was not a newcomer to the law. Higgins v. State, 2014 Del. LEXIS 152 (April 1, 2014). 2255 petitioner’s guilty plea … Continue reading →

A juvenile was denied a probable cause determination without a hearing in 48 hours, and he’s ordered immediately released. State ex rel. K.W., 2014 La. App. LEXIS 852 (La. App. 4 Cir. March 28, 2014):

Cato@Liberty: Theory: The Supreme Court Could Apply the Terms of the Fourth Amendment in Fourth Amendment Cases by Jim Harper:

NYT: Sweeping Away a Search History by Molly Wood:

A nighttime knock-and-talk at a shop building behind defendant’s house was not shown to be on the curtilage. State v. Cady, 425 S.W.3d 234 (Mo. 2014):

Rejecting the R&R, the court finds that the officers exceeded the consent given when they searched the car. United States v. Camargo-Chavez, 2014 U.S. Dist. LEXIS 45241 (E.D. Okla. April 2, 2014),* R&R 2014 U.S. Dist. LEXIS 46266 (E.D. Okla. … Continue reading →

When a person is ordered out of a car, he certainly doesn’t abandon that which is left in the car. Here, the officers didn’t even ask about the defendant’s coat, and one officer testified he believed it was defendant’s because … Continue reading →

Officer’s reaching into a seat pocket in a Long protective weapons frisk was reasonable. These searches are not constrained like a Gant search incident to a search for evidence of the offense for which defendant was stopped. They are instead … Continue reading →

A man on a bus saw defendant on the bus with a gun, and he called 911 and described him. That was reasonable suspicion for his stop and frisk. United States v. Woods, 747 F.3d 552 (8th Cir. 2014)*:

The cell phone in this case was expressly tied to the offense, and the investigation was far enough along that inevitable discovery applied to it. AFOSI had a warrant for defendant’s person for the cell phone but found it elsewhere. … Continue reading →

Wall St. Cheat Sheet: Backdoor Exploitation of Surveillance Rules Shows Need For More Reform by Anthea Mitchell:

WaPo: US appeals ruling to let lawyers see secret files by AP:

The Recorder: Stanford’s Jeffrey Fisher and Riley v. California by Scott Graham:

Virginia law provides a defense to possession of a handgun on one’s own curtilage, but curtilage isn’t defined. The court looks to the common law, and provides us a valuable discussion. Foley v. Commonwealth, 2014 Va. App. LEXIS 107 (March … Continue reading →

NYT: Letter Tells of U.S. Searches for Emails and Calls by Charlie Savage:

Atlantic: What I Learned About Stop-and-Frisk From Watching My Black Son by Christopher E. Smith: