Daily Archives: June 7, 2017

WaPo: Colorado housing officials invite cops to perform warrantless searches on poor people

WaPo: Colorado housing officials invite cops to perform warrantless searches on poor people by Radley Balko

Posted in Administrative search | Comments Off

N.D.Ala.: Nailed down plywood sheet wasn’t subject to removal under protective sweep but other exigency for search shown

Police entered because of a hostage situation. Removal of a nailed down plywood cover wasn’t valid as a protective sweep, but it was under exigent circumstances. United States v. Cooks, 2017 U.S. Dist. LEXIS 83992 (N.D.Ala. April 28, 2017), adopted, … Continue reading

Posted in Dog sniff, Emergency / exigency, Protective sweep | Comments Off

VT: SWs for animals are different than for other property; more likely subject to exigency

Search warrants for animals are different than for other property in that they are alive and more likely subject to exigent circumstances because animal welfare is always a consideration. When executing a warrant for two animals, others apparently in distress … Continue reading

Posted in Emergency / exigency, Scope of search | Comments Off

CA5: 15 minute delay between traffic offense and stop wasn’t constitutionally “stale”

15 minute delay between traffic offense and stop wasn’t constitutionally “stale.” Also, collective knowledge applies to reasonable suspicion. United States v. Zuniga, 2017 U.S. App. LEXIS 9958 (5th Cir. June 5, 2017). The smell of alcohol after driving the wrong … Continue reading

Posted in Drug or alcohol testing, Staleness | Comments Off

UT: Police did not extend the stop by asking for consent before the purpose of the stop was complete

Police did not extend the stop by asking for consent before the purpose of the stop was complete. “One officer, after checking to make sure Scott was ‘okay and safe,’ introduced himself to Taylor and ‘asked him if there was … Continue reading

Posted in Consent | Comments Off

IN: Unchallenged SW that led to tax assessment made seizure reasonable

“In their second amended complaint, the Garwoods did assert a Fourth Amendment claim. … It is unclear what became of it, as it was still live when the State moved for summary judgment and survived that motion. In any event, … Continue reading

Posted in Warrant requirement, § 1983 / Bivens | Comments Off

NJ: Blocking car and shining light into car then approaching car was an investigative detention

“Defendant was faced with an investigative detention once the officer blocked in her vehicle, directed the patrol car’s alley light to shine into her car, and then approached her driver’s-side window to address her. Under the totality of the circumstances, … Continue reading

Posted in Seizure | Comments Off

WaPo: Lawsuit: Mass search of Georgia high school students included genital touching, exposure of female students’ breasts

WaPo: Lawsuit: Mass search of Georgia high school students included genital touching, exposure of female students’ breasts by Radley Balko:

Posted in Body searches | Comments Off