Monthly Archives: January 2019

D.N.M.: Pocket and backpack search and patdown of 21 students at school for stolen money was with RS so officer gets QI

A school security officer gets qualified immunity for a patdown search of 21 students in a class for allegedly stolen money because there was reasonable suspicion as to all 21. Woods v. Rio Rancho Pub. Schs, 2019 U.S. Dist. LEXIS … Continue reading

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W.D.Tenn.: Seizure of clothing from hospital room floor was justified by plain view

Seizure of defendant’s clothing from a hospital room floor was justified by the plain view doctrine. United States v. Clancy, 2019 U.S. Dist. LEXIS 8471 (W.D. Tenn. Jan. 17, 2019). City inspectors entering into public business areas did not violate … Continue reading

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Slate: Biometrics vs. the Fifth Amendment

Slate: Biometrics vs. the Fifth Amendment by Josephine Wolff:

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New Law Review Article: Fourth Amendment Textualism

New Law Review Article: Fourth Amendment Textualism by Jeffrey Bellin, posted on SSRN. Abstract:

Posted in Reasonable expectation of privacy | Comments Off on New Law Review Article: Fourth Amendment Textualism

Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone

Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone by Walter Olson:

Posted in Drones, Open fields | Comments Off on Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone

IN: Advice of Pirtle rights before search of safe under SW not required

Because officers did not ask defendant for the combination to his safe to search it under a warrant, he was not required to have the Indiana Pirtle advisement before they searched it. Brown v. State, 2019 Ind. App. LEXIS 14 … Continue reading

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CA7: Franks is settled law, and false statements to procure arrest warrant denied qualified immunity

Plaintiff stated a Franks claim that his arrest warrant was based on false evidence and omitted exculpatory evidence. The officer is denied qualified immunity. Rainsberger v. Benner, 17 2521 (7th Cir. Jan. 15, 2019):

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Volokh Conspiracy: Search Warrants and Compelled Biometric Access to Phones

Volokh Conspiracy: Search Warrants and Compelled Biometric Access to Phones by Orin Kerr: A new ruling, and some (mostly critical) thoughts.

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N.D.Ga.: Clothing as evidence in plain view can be seized whether from a suspect or victim

Defendant’s clothing was properly seized under the plain view doctrine whether he was a suspect or a victim. Defendant also didn’t have standing in the car involved because it wasn’t his. United States v. Hood, 2019 U.S. Dist. LEXIS 5357 … Continue reading

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N.D.Iowa: Six month unjustified delay in getting SW for hard drive made search unreasonable

Six month delay in getting a search warrant for a hard drive in a child pornography case was unreasonable. The government could give a good reason for the delays which might have justified it. Search recommended suppressed. United States v. … Continue reading

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D.Minn.: 1A retaliatory SW claim defeated by actual PC for the warrant as an independent source

Plaintiff’s claim that a search warrant for his house was retaliatory for First Amendment activities doesn’t overcome the fact there was independent probable cause for the warrant. Therefore, the Fourth Amendment claim fails. Fredin v. Clysdale, 2018 U.S. Dist. LEXIS … Continue reading

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CT: When challenging a SW affidavit’s PC, it needs to be in the record for appellate review

“The record was inadequate to review the defendant’s unpreserved claim that the search warrant for M’s cell phone records and the warrant for his arrest were obtained without probable cause because the police included false information in the affidavits in … Continue reading

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