Daily Archives: March 18, 2017

S.D.W.Va.: Flagrant violation of 4A with warrantless GPS on def’s car doesn’t get suppressed because of def’s lack of standing at time of search

The police flagrantly violated the Fourth Amendment by placing a GPS device on a car without a warrant. Defendant was the target, but he’d sold and relinquished control of the car to another days later by the time of the … Continue reading

Posted in Exclusionary rule, Standing | Comments Off

E.D.Tenn.: Passenger’s seatbelt violation supports stop

The officer testified that the reason for this stop was that the passenger wasn’t wearing a seatbelt. The court credits the officer, and nothing, including the video, disproves it. “Given Posey’s vast experience detecting seatbelt violations, it is entirely plausible … Continue reading

Posted in Reasonable suspicion | Comments Off

S.D.Ga.: A general motion to suppress a DUI roadblock is denied; that “Something must be wrong here” doesn’t cut it

A general motion to suppress a DUI roadblock on a military base is denied for lack of content of fact or law. United States v. Jefferson, 2017 U.S. Dist. LEXIS 37096 (S.D. Ga. March 15, 2017):

Posted in Burden of pleading, Roadblocks | Comments Off

LA4: Probation search unreasonable because PO not there; clearly pretext for criminal search

The collection of officers from several law enforcement agencies for a probation “compliance check” shows that it wasn’t a bona fide probation search. “Given the totality of the circumstances, the compliance check was unreasonably pretextual. Agents Bertrand and Hardy should … Continue reading

Posted in Probation / Parole search | Comments Off

Kerr: Oregon AG’s Office argues to State SCT that ex ante search restrictions on computer warrants not ok.

Orin Kerr on Twitter: Oregon AG’s Office argues to State SCT that ex ante search restrictions on computer warrants not ok. State v Mansor https://orinkerrblog.files.wordpress.com/2017/03/2017_wl_944311.pdf …

Posted in Computer searches, Warrant execution | Comments Off

CA8: Search of def’s car for gun was reasonable as a SI even though def was arrested away from the car

Police received a 911 call about a road rage incident and flashing of a gun. They found the vehicle described in the call in a strip mall parking lot. They finally found the driver and detained him, ultimately handcuffing him. … Continue reading

Posted in Search incident | Comments Off

D.Ariz.: Cell phone border search valid, here with RS

A cell phone can be searched at the border with reasonable suspicion, and the facts of this case rise to this standard. The court doesn’t have to decide whether the search could occur without in the Ninth Circuit. United States … Continue reading

Posted in Border search, Cell phones | Comments Off

D.Alaska: Installing GPS on a package with an anticipatory warrant didn’t require SW

An anticipatory search warrant was issued for 1921 but was delivered to 1911 because of the use of false addresses. The police entered to seize the package. Defendant doesn’t show he has standing in either the package or the place … Continue reading

Posted in GPS / Tracking Data, Mail and packages, Search | Comments Off

NYTimes: Door-Busting Drug Raids Leave a Trail of Blood

NYTimes: Door-Busting Drug Raids Leave a Trail of Blood by Kevin Sack: Using SWAT officers to storm into homes to execute search warrants has led time and again to avoidable deaths, gruesome injuries and costly legal settlements. (with video)

Posted in Excessive force, Warrant execution | Comments Off

WaPo: 9th Circuit oral argument on historical cell-site information

WaPo: 9th Circuit oral argument on historical cell-site information by Orin Kerr: Several federal circuits have ruled that there is no Fourth Amendment reasonable expectation of privacy in historical cell-site location information. The 9th Circuit held argument on the question … Continue reading

Posted in Cell site location information | Comments Off