Daily Archives: February 3, 2018

CA5: “The mistaken execution of a valid search warrant on the wrong premises does not automatically violate the Fourth Amendment”; officer gets qualified immunity

“The mistaken execution of a valid search warrant on the wrong premises does not automatically violate the Fourth Amendment.” The officers get qualified immunity for getting out when they discovered it. Thomas v. Williams, 2018 U.S. App. LEXIS 2478 (5th … Continue reading

Posted in § 1983 / Bivens, Warrant execution | Comments Off

NY2: Former evicted tenants back on premises were trespassers and had no REP

The landlord obtained legal process to evict the tenants in an apartment, and the City Marshal changed the locks. When the tenants reentered, they were trespassers and had no legal standing or reasonable expectation of privacy. People v. McCullum, 2018 … Continue reading

Posted in Consent, Curtilage, Standing | Comments Off

NY4: Pinging cell phone was harmless error even if a warrant was required

The pinging of defendant’s cell phone to find him was without a warrant. If it was constitutional error, it was harmless beyond a reasonable doubt. People v. Moorer, 2018 NY Slip Op 00754, 2018 N.Y. App. Div. LEXIS 697 (4th … Continue reading

Posted in Cell phones, Cell site location information, Informant hearsay, Reasonable suspicion | Comments Off