Daily Archives: October 13, 2017

PA: Collective knowledge and RS doesn’t require the officer with knowledge actually communicate it to the others

Collective knowledge and reasonable suspicion doesn’t require the officer with knowledge actually communicate it to the others. “It is entirely permissible for an officer to engage in the investigation of a suspect based on the observations of another officer even … Continue reading

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WBUR: Broad Jurisdiction Of U.S. Border Patrol Raises Concerns About Racial Profiling

WBUR: Broad Jurisdiction Of U.S. Border Patrol Raises Concerns About Racial Profiling by Kathleen Masterson: Within 100 miles of the border and the coastline, Border Patrol agents have broad authority to stop cars and people for immigration questions. For example, … Continue reading

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OH5: Def’s refusal to stop digging in pockets during traffic stop was RS for frisk

Defendant’s erratic behavior during a stop was reasonable suspicion when he also refused to stop digging around in his pockets. State v. Imani, 2017-Ohio-8113, 2017 Ohio App. LEXIS 4469 (5th Dist. Oct. 5, 2017). The trial court did not err … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion | Comments Off

OH follows Hudson on knock-and-announce under state constitution

The Ohio Supreme Court follows Hudson under the state constitution and holds that a violation of knock-and-announce does not justify suppression of the search. The state constitution has been applied more broadly than the Fourth Amendment on occasion, but not … Continue reading

Posted in Excessive force, Exclusionary rule, Knock and announce, State constitution | Comments Off

WI: Checkpoint minutes after an armed robbery was reasonable; only two cars stopped

Officers responding to an armed robbery call were in the vicinity and parked in the street with top lights on along a possible escape route creating de facto checkpoint or roadblock. Because of time of day, there were few cars … Continue reading

Posted in Reasonableness, Roadblocks, Special needs | Comments Off

Westlaw Insider: The Fourth Amendment in a Digital Age

Westlaw Insider: The Fourth Amendment in a Digital Age:

Posted in Cell phones, Cell site location information, Computer searches, Surveillance technology | Comments Off

D.Nev.: SW to seize computers in CP case includes power to search

A warrant to seize computers in a child pornography case includes the power to search it. There was probable cause for the search warrants, and the Franks challenge was too deficient to get a hearing. United States v. Cohen, 2017 … Continue reading

Posted in Scope of search | Comments Off