Daily Archives: December 6, 2017

CA2: Traffic stop ignored traffic inquiries and went into carrying drugs within 5 minutes; unreasonable under Rodriguez but valid at time, so GFE applies

“This appeal arises out of a traffic stop of Defendant-Appellant Brayan Gomez and his resulting judgment of conviction for heroin-trafficking …. During the five-minute traffic stop prompted by multiple traffic violations, the officers prolonged Gomez’s seizure by asking him narcotics-related … Continue reading

Posted in Good faith exception, Reasonable suspicion | Comments Off

CA4: Officer who obtained court order for minor ptf to be detained and to get an erection so police could photograph it gets no QI; this isn’t remotely reasonable

Plaintiff was a 17 year old that allegedly sent a picture of his erection to his 15 year old girlfriend. Defendant obtained a court order for plaintiff to be transported to a juvenile detention center to masturbate to get an … Continue reading

Posted in § 1983 / Bivens, Body searches, Qualified immunity, Reasonableness | Comments Off

E.D.Mich.: Police officer’s presence at repossession doesn’t make it state action

A police officer’s presence at the scene of a vehicle repossession doesn’t turn an otherwise private action into a Fourth Amendment seizure. King v. Blackhawk Recovery & Investigations, LLC, 2017 U.S. Dist. LEXIS 198373 (E.D. Mich. Dec. 3, 2017). “As … Continue reading

Posted in § 1983 / Bivens, Search incident | Comments Off

UT: There was PC for the warrant, and whether there is a state exclusionary rule doesn’t have to be decided

The trial court erred in concluding there was no probable cause for the issuance of the search warrant, but the good faith exception applied. Instead, there was a substantial basis for issuance of the search warrant, and the exclusionary rule … Continue reading

Posted in Exclusionary rule, Probable cause | Comments Off