Daily Archives: March 16, 2017

CA11: Partially obscured LPN justified stop when LPN reader couldn’t read it

A partially obscured license plate because of a license plate bracket with an eagle on top that covered “Alabama” but not “God Bless America” on the bottom was a violation of Alabama law justifying the stop. The license plate couldn’t … Continue reading

Posted in Reasonable suspicion | Comments Off

S.D.Fla.: Co. that rented vehicles to another for rental to public had standing to sue over seizure

Plaintiffs stated a Fourth Amendment claim against the City for warrantless seizure of its motorized three-wheeled vehicles. The fact one plaintiff rented them to another in exchange for a share of the profits, and they were seized from the latter, … Continue reading

Posted in Seizure, Standing | Comments Off

ND: Even a frequent visitor isn’t sufficiently connected to a probationer’s property to be subject to his probation search waiver

A mere visitor, albeit a frequent one, is not subject to search as an occupant of the premises under a probation search waiver. He has an insufficient connection to the property to be subject to the occupant’s waiver. State v. … Continue reading

Posted in Probation / Parole search | Comments Off

CA9: Omission of 4A probation search waiver from wiretap application didn’t mean anything

Omitting the fact defendant was subject to a search waiver wasn’t material to a wiretap application. It’s omission from the wiretap affidavit didn’t matter. United States v. Rodriguez, 2017 U.S. App. LEXIS 4429 (9th Cir. March 14, 2017). Defendant couldn’t … Continue reading

Posted in Probation / Parole search | Comments Off

E.D.Cal.: Def had acceded to eviction in NYC civil court so he lost his REP in his apartment

By the time the search occurred here, the defendant had, without doubt, been civilly evicted in NYC, and he even stipulated to loss of the apartment in Civil Court proceedings before the search occurred. Whether there was a notice placed … Continue reading

Posted in Abandonment | Comments Off

CA9: Officer has to be aware of parole or probation search waiver before the search happens

The officer has to be aware of parole or probation search waiver before the search happens, if that’s the justification. United States v. Job, 2017 U.S. App. LEXIS 4428 (9th Cir. March 14, 2017):

Posted in Probation / Parole search | Comments Off