Daily Archives: March 11, 2018

Politico: The Legal Way to Seize Guns From Dangerous People

Politico: The Legal Way to Seize Guns From Dangerous People by Alex Yablon It’s not the way President Trump suggested.

Posted in Seizure | Comments Off

W.D.Pa.: Ordering occupants to stay in parked car officer pulled up behind was a seizure, but with RS

The officer pulled up behind defendant’s parked car. “[T]he Court concludes that the officers pulling up behind the parked vehicle constituted a mere encounter that did not ripen into a seizure for Fourth Amendment purposes until Sergeant Spangler ordered Defendant … Continue reading

Posted in Exclusionary rule, Reasonable suspicion | Comments Off

CA6: 4A doesn’t apply to removal of stuff from an inmate’s cell after a shakedown search

“Cody failed to state a Fourth Amendment claim for relief. He claimed that the defendants violated his Fourth Amendment rights by removing property from his cell during routine searches. But Cody was in prison, and ‘the Fourth Amendment proscription against … Continue reading

Posted in Prison and jail searches | Comments Off

S.D.Ohio: Def was driver for drug dealer selling from car; a trash pull from his house was sufficient to show nexus

More was shown than just that defendant was a drug dealer. He was the driver for a man who regularly did drug deals and he watched them all go down. He was seen leaving a house attributed to him in … Continue reading

Posted in Nexus, Search | Comments Off

S.D.Ind.: The sole fact of being a drug trafficker doesn’t provide nexus to house; something has to be shown, and it wasn’t and GFE doesn’t apply

Being a drug trafficker is not enough to search defendant’s home. The government had to show nexus, and it never did anywhere in the affidavit for search warrant. The affidavit for the search warrant was, in fact, so lacking in … Continue reading

Posted in Good faith exception, Nexus | Comments Off