Daily Archives: July 9, 2017

CA9 affirms $1.25M verdict for search of wrong house in Pima Co. AZ

Plaintiffs’ neighbor made a 911 call about a possible altercation with a gun. The Pima County AZ Sheriff’ Office arrived, beat on the door and ordered the plaintiffs out, handcuffed them and placed them in police cars, and then searched … Continue reading

Posted in § 1983 / Bivens | Comments Off

WI: Tax assessor’s effort to see interior of home for assessment implicates the 4A

The tax assessor’s demand to see the interior of plaintiffs’ house is a search governed by the Fourth Amendment. Because it is the home, it is not “minimal,” and there is no administrative search exception that permits it. The city … Continue reading

Posted in Franks doctrine, Reasonable expectation of privacy, Search | Comments Off

NY4: Not granting a continuance of suppression hearing for unavailable witnesses was an abuse of discretion

The trial court erred in granting the motion to suppress for the nonattendance of its police witnesses after they were subpoenaed but didn’t show. The state sought an adjournment which the trial court denied. It was the first request for … Continue reading

Posted in Burden of proof, Emergency / exigency, Motion to suppress | Comments Off

CA3: Ptfs dismissed their 4A claims to appeal 1A claim of right to video police in action, and they prevailed

There is a First Amendment right to video or photograph the police doing their jobs. Plaintiffs were arrested for doing that, despite a city policy saying it was legal, and the district court ruled against them on the First Amendment … Continue reading

Posted in Qualified immunity, § 1983 / Bivens | Comments Off

CA2 looks at CSLI anew and still finds warrant not required

The Second Circuit declines to find its precedent in In re Application of the United States for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government was still binding. Looking at the issue anew … Continue reading

Posted in Cell site location information | Comments Off

WI analyzes at length whether defendant impliedly consented and then actually consented

Wisconsin analyzes at length whether defendant impliedly consented and then actually consented, concluding that he did. State v. Brar, 2017 WI 73, 2017 Wisc. LEXIS 395 (July 6, 2017)*:

Posted in Consent | Comments Off