Monthly Archives: May 2017

IL: “Immediately apparent” for plain view really means “probable cause”

Product bar codes found in plain view in defendant’s car were seized with probable cause. Officers experienced in investigating retail theft from a Best Buy were investigating thefts that involved altered bar codes. “Immediately apparent” for plain view really means … Continue reading

Posted in Plain view, feel, smell | Comments Off

M.D.Fla.: Unauthorized driver of rented car with suspended DL had no REP in car even if driving with permission of renter

Defendant had a subjective reasonable expectation of privacy in a rental vehicle he was driving with permission of the renter and potentially the implicit permission of the rental company because he was seen in it by them. [Whether they knew … Continue reading

Posted in § 1983 / Bivens, Reasonable expectation of privacy | Comments Off

NY1: A request to produce ID isn’t always a seizure

The request to defendant to produce his ID when the police were investigating a potential trespass doesn’t constitute a seizure per se. Here, the defendant volunteered to take the officer to where he was going. That was all consent. People … Continue reading

Posted in Consent, Seizure | Comments Off

W.D.Mo.: Driveway not curtilage for dog sniff of car

Relying on United States v. Beene, 818 F.3d 157 (5th Cir. 2016) (posted here), defendant’s car parked on the driveway in front of his home was subject to a dog sniff as if it was on the street. Because of … Continue reading

Posted in Automobile exception, Curtilage, Dog sniff, Inventory | Comments Off

SCOTUS: Co. of LA v. Mendez: No constitutional basis for the Ninth Circuit’s “provocation” rule that an officer’s conduct that provokes a violent response is a separate Fourth Amendment claim

There is no constitutional basis for the Ninth Circuit’s “provocation” rule that an officer’s conduct that provokes a violent response is a separate Fourth Amendment claim. County of Los Angeles v. Mendez, 2017 U.S. LEXIS 3396 (U.S. May 30, 2017). … Continue reading

Posted in § 1983 / Bivens, Excessive force | Comments Off

N.D.Cal.: It’s not for LEO to second guess a probation search condition’s validity or application

If the probation search condition applies on its face, and even if the search is for general law enforcement purposes, it’s not for the searching officer to inquire into the details of whether there might be some argument behind the … Continue reading

Posted in Probation / Parole search, Reasonableness | Comments Off

N.D.W.Va.: Officers arrived at an injured person call, and the assailant wasn’t around; protective sweep permissible

“Here, the officers arrived to a chaotic scene. The Defendant was severely injured after being hit by a bottle. There were at least two other individuals present. The Police were told the assailant, who had demonstrated his violent nature, was … Continue reading

Posted in Emergency / exigency, Protective sweep | Comments Off

TN: Blood draw without consent was valid at the time it happened; therefore valid

Obtaining defendant’s blood draw without consent was a practice authorized by binding appellate precedent at the time it occurred. Therefore, the denial of defendant’s motion to suppress was appropriate because the officer was acting under a good faith belief that … Continue reading

Posted in Good faith exception | Comments Off

W.D.Va.: Misstatement of crack v. powder cocaine wasn’t Franks violation

In a 2255 case, it wasn’t ineffective assistance for defense counsel to fail to make a Franks challenge to a misstatement of crack v. powder cocaine in a search warrant application. United States v. Moyer, 2017 U.S. Dist. LEXIS 79279 … Continue reading

Posted in Franks doctrine, Reasonable suspicion | Comments Off

S.D.Tex.: Immigration stop was extended with RS

Extending an immigration stop: “The Court finds that Agent Gonzalez’s questions related to Garcia’s citizenship, documents proving citizenship, and his travel plans and thus were within the scope of an immigration stop. Further, the Court finds that the questioning was … Continue reading

Posted in Consent, Immigration checkpoints | Comments Off

D.P.R.: Parents lacked apparent authority to consent to adult child’s room

The government failed to prove common authority by the consenter, defendant’s mother, for a search of the adult defendant’s separate bedroom. Common authority is far more readily found when the child is a minor, but not when the child is … Continue reading

Posted in Uncategorized | Comments Off

IA: While Iowa doesn’t recognize anticipatory warrants by statute, a federal anticipatory SW that ended up in state court was valid

“The defendant now appeals, arguing among other things that Iowa’s search warrant statutes do not authorize anticipatory warrants. We agree, but hold that where the federal government conducts a search pursuant to a valid federal search warrant for purposes of … Continue reading

Posted in Anticipatory warrant, Conflict of laws | Comments Off