Daily Archives: July 22, 2017

D.N.J.: Def’s criminal history alone wasn’t RS to extend the stop under Rodriguez

The officer had no reasonable suspicion to extend defendant’s traffic stop after stopping him for no headlights on and using a cell phone. Once defendant’s criminal record popped up, the inquiry got more intense and lengthy. Nothing about defendant’s behavior … Continue reading

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MN: Admin. SW may issue for rental property inspection under Camara if the rights of tenants are respected, so they get a right to be heard

The city made the requisite showing for issuance of an administrative warrant for a housing inspection. The court declines to interpret the state constitution more broadly than the Fourth Amendment on this issue. The privacy interests of the tenants must … Continue reading

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OH2: No testimony supported RS for protective sweep; two cars in driveway alone wasn’t enough

Two cars in the driveway doesn’t translate into two people in the house. The protective sweep of defendant’s house was unreasonable because the officers identified no facts at all to indicate a reasonable belief someone else was there: no sounds … Continue reading

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CA9: Getting some public funds doesn’t make a private actor public

A private school ejected plaintiff and he sued on several grounds. His Fourth Amendment claim (sounds problematic on its face) is rejected because the school is not a state actor despite receiving some federal funds. Nkwuo v. Angel, 2017 U.S. … Continue reading

Posted in Ineffective assistance, Private search | Comments Off

IL sustains arrest for firearm where statute authorizing arrest was later declared unconstitutional

Defendant was stopped under a statute later declared unconstitutional. Distinguishing prior authorities applying state law, the court holds that the “void ab initio” doctrine does not apply here, and the arrest, valid at the time, did not require suppression of … Continue reading

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CA6: Limited personnel records request in mine safety investigation was reasonable

The Mine Safety division of the Department of Labor acted reasonably under the Fourth Amendment in requesting personnel records in an investigation into a discrimination claim. The mine was part of a pervasively regulated industry, the company had time to … Continue reading

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NC: Firing gun at officer during alleged illegal traffic stop removed the taint

Even if the defendant was subjected to an illegal stop, his firing his gun at the officer was a new crime that removed the taint. State v. Hester, 2017 N.C. App. LEXIS 558 (July 18, 2017). Compelled testimony in the … Continue reading

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E.D.N.C.: Parole searches aren’t at all limited to only def’s parole officer doing it

It is not even a reasonable argument that only defendant’s PO can search him under a warrantless search condition. United States v. Smith, 2017 U.S. Dist. LEXIS 105049 (E.D. N.C. July 7, 2017). Defendant was seized when the officer’s blue … Continue reading

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CA10 assumes Playpen warrant violated Rule 41 and upholds it solely on GFE

Assuming that Playpen search warrant for child pornography in this case issued in the Eastern District of Virginia was unlawful, the good faith exception would still apply to them. There was no reason the officers would not rely on them … Continue reading

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WaPo: Court: Warrantless requests to track cellphones, Internet use grew sevenfold in D.C. in three years

WaPo: Court: Warrantless requests to track cellphones, Internet use grew sevenfold in D.C. in three years by Spencer S. Hsu:

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