Daily Archives: January 12, 2018

NJ: Misapplication of statute to make stop means stop is bad; Heien not yet applied in NJ

The law requires a working taillight. Defendant had one. “The officer’s erroneous application of the functioning taillight requirement was not an objectively reasonable mistake of law.” Therefore, Heien and the objectively reasonable mistake of law doesn’t apply here. The court, … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off

TX13: The natural dissipation of alcohol in the blood alone is not exigency for a warrantless taking of blood

The natural dissipation of alcohol in the blood alone is not exigency for a warrantless taking of blood. State v. Ruiz, 2018 Tex. App. LEXIS 302 (Tex. App. – Corpus Christi – Edinburg Jan. 11, 2018). Defendant didn’t object to … Continue reading

Posted in Burden of pleading, Drug or alcohol testing | Comments Off

S.D.Fla.: Decision on merits on appeal of 4A claim collaterally estops § 1983 action

The Fourth Amendment decision that the search was reasonable and lawful in defendant’s criminal case is collateral estoppel to a civil claim over the search. Harvey v. United States, 2018 U.S. Dist. LEXIS 5282 (S.D. Fla. Jan. 9, 2018). The … Continue reading

Posted in § 1983 / Bivens | Comments Off

Forbes: Congress Decides Fourth Amendment Is Outdated 256-164

Forbes: Opinion: Congress Decides Fourth Amendment Is Outdated 256-164 by Frank Miniter: It’s controversial because the National Security Agency (NSA) and other agencies also listen in on an unknown number of communications from American citizens—something the Fourth Amendment was written … Continue reading

Posted in FISA | Comments Off

NYTimes: House Extends Surveillance Law, Rejecting New Privacy Safeguards

NYTimes: House Extends Surveillance Law, Rejecting New Privacy Safeguards by Charlie Savage, Eileen Sullivan, and Nicholas Fandos:

Posted in FISA | Comments Off