Daily Archives: May 7, 2017

E.D.N.Y.: 791 days of GPS tracking of a parolee suppressed

Back on December 29th was this post: E.D.N.Y.: 791 days of GPS tracking of a parolee to catch others in a DTO was [somehow] not unreasonable. On review, Judge Weinstein finds that intense tracking violated the Fourth Amendment and there … Continue reading

Posted in Good faith exception, GPS / Tracking Data, Probation / Parole search | Comments Off

UT: Officer safety permits extending stop long enough to check passenger’s ID

“This case presents a single issue: does a law enforcement officer violate the Fourth Amendment if she requests that a passenger voluntarily provide identification and then runs a background check on that passenger without reasonable suspicion that the passenger has … Continue reading

Posted in Seizure | Comments Off

LA4: Having PC for an hour before arrest doesn’t require officers get a warrant

The police had defendant’s vehicle under surveillance for an hour waiting for him so they could arrest. Just because they had time to get a warrant doesn’t mean that they constitutionally were required to get one. State v. Brown, 2017 … Continue reading

Posted in Consent, Seizure | Comments Off

OR: Here, “the ‘Private Drive’ and ‘No Trespassing’ signs did not objectively manifest an intention to prohibit public access”

“Thus, when viewed together, the ‘Private Drive’ and ‘No Trespassing’ signs did not objectively manifest an intention to prohibit public access to Lowe Road, particularly in the absence of other barriers to entry, such as fences, gates, or signs clearly … Continue reading

Posted in Trespass | Comments Off

NY: No REP in LPN on any vehicle; it can be run at any time for any reason

There is no reasonable expectation of privacy in the LPN on a vehicle, and it can be run at anytime for any reason: “To ensure the safety of our roads, a police officer may run a license plate number through … Continue reading

Posted in Reasonable expectation of privacy | Comments Off