Daily Archives: August 6, 2017

CA7: 4A doesn’t bar Michigan state GPS warrant permitting tracking of car into Indiana

It didn’t violate the Fourth Amendment for a state issued GPS warrant in Michigan to track a car into Indiana. Territoriality is a state law issue, hardly ever a Fourth Amendment issue. “The problem with Castetter’s principal argument is that … Continue reading

Posted in Reasonableness | Comments Off

IA: Officer’s checking on car parked on rural road at 1 am was valid welfare check

The officer stopped to check on the welfare of defendant parked on the side of a rural road at 1 am. This was a bona fide welfare check and not a criminal investigation, and it was reasonable. State v. Coffman, … Continue reading

Posted in Community caretaking function, Standards of review | Comments Off

ME: SW not needed to photograph def’s facial injuries

Police didn’t need a search warrant to photograph injuries on defendant’s face. State v. McNaughton, 2017 ME 173, 2017 Me. LEXIS 193 (Aug. 1, 2017). There was neither reasonable suspicion for defendant’s stop nor his patdown. No facts were put … Continue reading

Posted in Burden of proof, Reasonable expectation of privacy, Stop and frisk | Comments Off

IA: Hour long detention waiting for drug dog lacked RS

Defendant was stopped for a window tint violation, which he didn’t contest. His LPN check of out-of-state plates took six minutes. It took nearly an hour for the drug dog to arrive. There was no reasonable suspicion for that long … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off