Daily Archives: November 21, 2017

N.D.Ga.: NY arrest warrant executed in GA violated NY law but not 4A, and suppression of gun found on arrest would not be granted

There was a New York local court arrest warrant for defendant, and he was arrested on it in Georgia, and then indicted in federal Georgia for being a felon in possession. The government conceded that the arrest violated New York … Continue reading

Posted in Arrest or entry on arrest, Conflict of laws | Comments Off

W.D.La.: Parole search waiver applies to the car def borrowed since he had standing in it

Defendant’s parole search condition extended to a car he borrowed. After all, he had sufficient connection to the car to have standing to challenge a search. United States v. Meaux, 2017 U.S. Dist. LEXIS 189415 (W.D. La. Oct. 27, 2017), … Continue reading

Posted in Arrest or entry on arrest, Consent, Probation / Parole search | Comments Off

D.Kan.: State law does apply under 4A in parole searches; here, there was a reasonable basis for it

In the Tenth Circuit, the area of state probation and parole search is about the only area where the Fourth Amendment is informed by state law, and state law determines limits on state actors in the first instance, and then … Continue reading

Posted in Probation / Parole search, Reasonableness | Comments Off

D.N.M.: Def’s claim the officer conducted a pre-search of all bags on a Greyhound bus was based on speculation

The court does not buy defendant’s argument that the officer here waited until all luggage was removed from a Greyhound bus to conduct a feel-up tactile search of the bags in such a way to avoid Greyhound’s surveillance cameras. That’s … Continue reading

Posted in Burden of proof, Probable cause, Search | Comments Off

LA5: CI’s story provided PC for defendant’s stop for a hand-to-hand transaction police then observed

The CI provided probable cause for defendant’s stop for a hand-to-hand transaction. The CI’s story was that was what was going down, and defendant came up to the car and leaned in. While the officers didn’t see what happened in … Continue reading

Posted in Immigration checkpoints, Informant hearsay | Comments Off

Techdirt: Investigation Finds Google Collected Location Data Even With Location Services Turned Off

Techdirt: Investigation Finds Google Collected Location Data Even With Location Services Turned Off by Tim Cushing: This does raise some interesting Fourth Amendment questions, even if the circumstances under which the collection occurred make it unlikely these factors will ever … Continue reading

Posted in Surveillance technology | Comments Off