Daily Archives: June 23, 2017

The Marshall Project: How to Cut Down on Searches in Traffic Stops: Legalize Pot

The Marshall Project: How to Cut Down on Searches in Traffic Stops: Legalize Pot by Justin George and Eric Sarara with additional reporting by Anna Flagg: The legalization of marijuana in Washington state and Colorado had at least one unanticipated … Continue reading

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W.D.Mo.: Illegal Terry frisk led to subsequent searches after arrest warrant found; no suppression under Strieff

Defendant’s Terry frisk was invalid, but the existence of a warrant for his arrest requires that the subsequent searches not be suppressed under Strieff. United States v. Sisco, 2017 U.S. Dist. LEXIS 94761 (W.D. Mo. Jan. 11, 2017), adopted, 2017 … Continue reading

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TX9: Texas provides no exclusionary remedy for illegal search and seizure in forfeiture cases

Texas provides no exclusionary remedy for illegal search and seizure in forfeiture cases. $102,450.00 in United States Currency v. State, 2017 Tex. App. LEXIS 5761 (Tex. App. – Beaumont June 22, 2017):

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S.D.Cal.: Probation search waiver can’t be relied on when officers didn’t know about it at time of search

In a civil case relying on a probation search, “‘[a] Fourth Amendment search waiver cannot provide a justification for a search of a probationer where the officers were unaware of the waiver before they undertook the search.’ United States v. … Continue reading

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D.Conn.: SW for drugs in house supported plain view of gun under mattress

There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 … Continue reading

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M.D.N.C.: SW for stolen tractor lawn mower didn’t support plain view in house of firearm

A search warrant for a stolen tractor lawn mower didn’t support a plain view in defendant’s house for alleged illegal firearms because they aren’t per se unlawful to possess. They could have been registered. United States v. White, 2017 U.S. … Continue reading

Posted in Franks doctrine, Plain view, feel, smell | Comments Off

CA5: Video of police shooting shows it was justified, so QI shown

Parents alleged Fourth Amendment violations under § 1983 in the fatal shooting of their son by a police officer. Based upon a bystander’s video of the incident, a reasonable officer in defendant’s position could have concluded that the son posed … Continue reading

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