Daily Archives: October 19, 2017

DE: 14 yo could consent to entry to look for missing person

The search of the house was valid both by apparent authority to consent and the emergency aid doctrine. The victim was missing, and the consenter was a 14 year old with a key. The consent was solely to look for … Continue reading

Posted in Apparent authority, Emergency / exigency | Comments Off

D.Kan.: CP SW not stale [are they ever?]

The search warrant for child pornography was not stale, based on the officer’s experience. [Since no case has ever found staleness in child pornography cases, why don’t they just cut to the chase and take judicial notice?] United States v. … Continue reading

Posted in Probable cause, Staleness | Comments Off

CA6: 4A claim barred by Heck so appeal summarily affirmed

Plaintiff’s civil rights Fourth Amendment claim is barred by Heck because it necessarily calls into question the validity of the underlying conviction. The claim is barred on its face, so qualified immunity is moot. West v. Saginaw Twp. Police Dep’t, … Continue reading

Posted in § 1983 / Bivens | Comments Off

WaPo: Justice Department creates watchdog for asset forfeiture program

WaPo: Justice Department creates watchdog for asset forfeiture program by Sari Horowitz: Attorney General Jeff Sessions is setting up a unit in the Justice Department to oversee a policy he reinstated to help state and local police take cash and … Continue reading

Posted in Forfeiture | Comments Off