Daily Archives: April 15, 2017

CA8: Once PC for vehicle established, search can go wherever the things to be sought could be found; air compressor could be broken into for drugs

Defendant’s traffic stop was not unlawfully prolonged given the officer’s observations of the truck’s contents, the seeming implausibilities and inconsistencies in the responses to the officer’s routine questions, the reasonable suspicion the officer developed as a result of those improbable … Continue reading

Posted in Scope of search | Comments Off

S.D.Tex.: Use of software to scan a computer without looking at images to compare to NCMEC’s database not unreasonable even though some adult porn images slipped through to NCMEC

The used of specialized software to scan a hard drive for hash values of child pornography is reasonable. Defendant argued that at least one adult image of pornography had been uploaded to NCMEC’s database, but that doesn’t make every search … Continue reading

Posted in Probable cause | Comments Off

TX: Texas Const. grants no special protection to third party information; here CSLI and numbers dialed

Third party cell phone information is not protected by the Texas Constitution. It grants no greater rights than the Fourth Amendment. If the drafters wanted it broader, they could have said so. The information was available to law enforcement under … Continue reading

Posted in Cell phones, Cell site location information, Overbreadth, Third Party Doctrine | Comments Off

TN: State’s failure to challenge trial court’s findings entry to curtilage was unreasonable is waiver

Officers had a levy for unpaid court costs, and it wasn’t uncommon for drug officers to come along for the seizure. The record supported the conclusion that defendant did not affirmatively and expressly disclaim or relinquish his privacy interest in … Continue reading

Posted in Curtilage, Standards of review | Comments Off

E.D.Tenn.: Turn signal statute is unambiguous, and officer’s mistake wasn’t objectively reasonable under Heien

The Tennessee turn signal statute is clear and unambiguous, unlike the brake light statute in Heien. Officer “Garrison did not have a reasonable suspicion that Pate had violated the traffic laws. Thus, the stop was unlawful. As a passenger, Fortune … Continue reading

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M.D.Fla.: Attempted flight to back of house from arrest in the home justified protective sweep

Officers entered with an arrest warrant. Defendant’s attempt to flee to the back of the house justified a protective sweep of that area because of the possibility there might be others back there. United States v. Thompson, 2017 U.S. Dist. … Continue reading

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CA11: “Armed and dangerous” report on def was enough for a patdown

The officer had reasonable suspicion for a patdown based on a BOLO for defendant that he was armed and dangerous. Defendant wasn’t in custody when he was asked about where the gun was. United States v. Hogan, 2017 U.S. App. … Continue reading

Posted in Stop and frisk | Comments Off

NY Co.: Taking a “recidivist transit violator” outside the turnstiles was a reasonable detention

Plaintiff was a “recidivist transit violator” stopped for moving between cars. Taking him off the train outside the turnstiles was a reasonable detention under the state constitution. Vargas v. City of New York, 2017 NY Slip Op 27116, 2017 N.Y. … Continue reading

Posted in Seizure, State constitution | Comments Off