Daily Archives: February 5, 2017

CA10: Handcuffing and jailing an inebriated man as “incapacitated” violated the 4A and no QI

Plaintiff showed up at a concert at the Xfinity Center in Boston inebriated, but not so drunk he didn’t know what he was doing. Security separated him from the incoming line into the hands of the defendant, an off-duty officer … Continue reading

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MD: A stop and a frisk have separate constitutional justifications; courts must confine Terry to its 4A mooring

This Terry stop failed reasonable suspicion and all tenets of Terry. [Subtext: Police are abusing Terry, and the courts have to control them.] Ames v. State, 2017 Md. App. LEXIS 121 (Feb. 3, 2017) (Moylan, J.) (caution: The Lexis version … Continue reading

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CA4: No QI for arrest w/o PC and pft held for 80 days; lack of PC was obvious

Plaintiff was held for 80 days on an arrest utterly without probable cause, and the officer has no qualified immunity. Smith v. Munday, 2017 U.S. App. LEXIS 1975 (4th Cir. Feb. 3, 2017):

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Foundation for Economic Education: Who Was the Founding Father of the Fourth Amendment?

Foundation for Economic Education: Who Was the Founding Father of the Fourth Amendment? by Gary M. Galles:

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OK: Off-duty out of jurisdiction officer could make a citizen’s arrest

An off-duty police officer was driving from Tulsa where he worked to neighboring Broken Bow in his police car when he was passed by defendant speeding. He didn’t take action until the driving got otherwise erratic, nearly hitting the concrete … Continue reading

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CA4: Drugs on an occupant of a vehicle supports a search of the trunk and other compartments

Drugs on an occupant of a vehicle supports a search of the trunk and other compartments. United States v. Brown, 2017 U.S. App. LEXIS 1720 (4th Cir. Jan. 31, 2017). Defendant appeals a supervised release search term that does not … Continue reading

Posted in Probable cause, Probation / Parole search, Scope of search | Comments Off

LA5: Typo as to IP source in CP case was irrelevant to existence of probable cause

A typographical error as to defendant’s internet provider did not undermine the probable cause for the search warrant for his child pornography on his computer. It has nothing to do with the probable cause. State v. Shiell, 2016 La. App. … Continue reading

Posted in Computer searches, Reasonable suspicion, Warrant requirement | Comments Off

CA5: Rooker/Feldman abstention doesn’t bar action by SVP against how state handled a court order

Rooker/Feldman abstention didn’t bar plaintiff’s action against state officials enforcing a court order allegedly unconstitutionally, here against SVP. Brown v. Taylor, 2017 U.S. App. LEXIS 1742 (5th Cir. Jan. 31, 2017) (see Treatise § 64.02):

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