Daily Archives: February 13, 2019

W.D.Wash.: State’s response to a public records request wasn’t a search of plaintiff’s records

The state’s responding to a legitimate public records request under state law did not conduct a Fourth Amendment search of plaintiff’s records that came within its purview. Dalessio v. Univ. of Wash., 2019 U.S. Dist. LEXIS 21907 (W.D. Wash. Feb. … Continue reading

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W.D.Mo.: Reaching in def’s car to turn it off wasn’t a search, and plain view of a gun proper

Defendant’s stop was reasonable because the LPN didn’t match the vehicle. His reaching in the car to turn off the ignition was not a search. “As Officer Jenkins was backing out of the vehicle, she looked down and saw what … Continue reading

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PA: Blocking def’s vehicle showed he wasn’t free to leave, and it lacked RS

“Having determined that Officer Byrne effectuated an investigatory detention upon pulling behind Appellant’s vehicle, and that such detention was not supported by a reasonable suspicion that criminal activity was afoot nor excused from constitutional warrant requirements by the public servant … Continue reading

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E.D.Mich.: Affidavit’s misidentifying homeowner wasn’t material to the PC to search

Misidentifying the homeowner in the affidavit for the warrant isn’t material because a search warrant runs against the place and the evidence inside. “The identity of the supposedly-misidentified person is irrelevant to the finding of probable cause to search the … Continue reading

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CA11: PC showing in SW affidavit but “we cannot say that the officer’s reliance on the warrant was unreasonable.”

The affidavit for the search warrant didn’t clearly identify defendant as connected to the property or that there was drug trafficking just from the trash pulls, but it showed that there was drug activity. The court cannot say, however, that … Continue reading

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OR: Def ordered from car left purse inside, and it was subject to inventory when car towed

Defendant was ordered out of the car, and she left her purse inside. Her purse was legitimately subjected to the inventory since it was left in the car. State v. Fulmer, 296 Ore. App. 61, 2019 Ore. App. LEXIS 190 … Continue reading

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M.D.Tenn.: PC shown for govt to photograph tattoos on def

“It was reasonable and prudent for Magistrate Judge Brown to issue the search warrant based upon Agent Daniel’s affidavit because that affidavit established at least a ‘fair probability’ that tattoos evidencing affiliation with the Gangster Disciples would be found on … Continue reading

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