Daily Archives: October 26, 2017

D.Nev.: Def had standing in a car he was loaned

Defendant had standing to challenge GPS tracking of a car he was loaned by the owner. The search wasn’t a pretext from inventory: there was probable cause for the automobile exception. “A warrantless search can occur even after the automobile … Continue reading

Posted in Standing | Comments Off

N.D.Iowa: Calling for drug dog whose sniff didn’t extend stop at all was reasonable

Calling for a drug dog during processing the paperwork of a traffic stop that produced a dog sniff before the stop was over was reasonable. United States v. Harry, 2017 U.S. Dist. LEXIS 174689 (N.D. Iowa Oct. 23, 2017):

Posted in Dog sniff, Reasonable suspicion | Comments Off

S.D.Tex.: Officer’s belief that driver couldn’t stay in the passing lane wasn’t reasonable mistake

The officer’s belief that driving too long in the left lane of a divided highway was a traffic violation wasn’t reasonable because nothing in the statute allows that construction. Therefore, the stop was invalid. United States v. Buruato, 2017 U.S. … Continue reading

Posted in § 1983 / Bivens, Reasonableness | Comments Off

Cal.1: Def’s lie about his identity to avoid probation search estopped his 4A argument; search valid even if officer didn’t know about probation

Officers believed defendant was involved in a robbery and shot himself. At the ER, defendant lied and gave a false name because he was on probation with a search condition. Defendant’s lie about his identity is an estoppel. He was … Continue reading

Posted in Probation / Parole search | Comments Off

E.D.Wis.: Window tint violation observed at night in a “split second”

Defendant’s window tint was the basis for a stop at night, and the officer got only a “split second” look at the car but couldn’t see inside. That’s at least reasonable suspicion. [Yes, it's possible.] United States v. Bogan, 2017 … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

OH4: Knock-and-announce is not a 4A exclusion issue, and no justification shown for state const. to have different result

Failure to knock-and-announce was not a Fourth Amendment violation, and defendant gave no justification for extending the state constitution. State v. Robinson, 2017-Ohio-8274, 2017 Ohio App. LEXIS 4658 (4th Dist. Sept. 27, 2017). Defendant waived his knock-and-announce claim by not … Continue reading

Posted in Knock and announce, State constitution | Comments Off

E.D.Mich.: Seeing def in house of another permitted entry to arrest on an arrest warrant

Seeing defendant in the house of another was justification for entry into the home to arrest him on a warrant under Steagald. United States v. Terrell, 2017 U.S. Dist. LEXIS 175483 (E.D. Mich. Oct. 24, 2017). Defendant was stopped for … Continue reading

Posted in Arrest or entry on arrest, Automobile exception | Comments Off

DE: Probation absconder didn’t have standing in another person’s property; alternatively, probation absconding is exigency

Defendant was a probation absconder, and he did not have standing to contest a search of another probationer’s camper. Even if defendant did have standing, the probation officers substantially complied with departmental guidelines. Defendant’s presence as an absconder from probation … Continue reading

Posted in Emergency / exigency, Probation / Parole search, Standing | Comments Off