Monthly Archives: March 2019

ID: Entry on a writ of execution was reasonable under 4A

A state officer acting on a writ of execution issued by a state court was reasonable. Moreover, plaintiff’s claim is really just a suggestion in a pleading, not in the complaint. Thornton v. Barrett, 2019 U.S. Dist. LEXIS 53388 (D. … Continue reading

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D.Ore..: Running drug dog around car after a DUI arrest was reasonable

Defendant was arrested for DUII and there was probable cause. “As Mr. Aruiza-Andrade was under arrest, the further delay while a canine was summoned did not unlawfully extend the traffic stop.” United States v. Aruiza-Andrade, 2019 U.S. Dist. LEXIS 53788 … Continue reading

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CT: 2010 CSLI in violation of state statute and later Carpenter suppressed

The state got prospective CSLI in 2010 which it ultimately admitted was obtained in violation of state statute. The statute, moreover, permitted the state’s discovery of CSLI on reasonable suspicion. Carpenter was violated, although it came in 2018, as well … Continue reading

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MD: The actual inventory is the list of what was seized, not necessarily from exactly where it was seized

“What the inventory must list, as was properly done in this case, is the property that was actually seized, not the rooms that were searched. To describe the scope of the search is not the function of an inventory list.” … Continue reading

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MA: Scope of probation search wasn’t justified by the RS

The probation search of defendant’s bedroom wasn’t justified by the reasonable suspicion that authorized it. “The Commonwealth’s contention that Valenti’s entry into the bedroom was justified as a protective sweep is equally unavailing.” Special needs didn’t work for the state … Continue reading

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Army: Def’s housing was under control of the Ft. Benning Cmdr and the search authorization was valid

The search authorization by the base commander was issued with probable cause. Defendant’s housing in a separate property with Ft. Benning was part of the base and was a sub-property of the Ranger school. The commander’s authority extended to it, … Continue reading

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OH4: Ohio implied consent statute for blood draw survives Birchfield

“It is true that the United States Supreme Court has recently determined, in Birchfield v. North Dakota, 136 S.Ct. 2160, 2162, 2172-2186 (2016), that ‘the taking of a blood sample or the administration of a breath test is search[,]’ and … Continue reading

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E.D.N.C.: Tasering pft who refused to be handcuffed during traffic stop was reasonable

“After defendants took plaintiff to the ground, he still did not comply with instructions to put his hands behind his back. Plaintiff’s hands were beneath him, and defendants reasonably believed that he may have been reaching for a weapon. It … Continue reading

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WaPo: A mom refused to take her unvaccinated toddler to the hospital for a fever. Armed police officers tore down the door.

WaPo: A mom refused to take her unvaccinated toddler to the hospital for a fever. Armed police officers tore down the door. by Antonia Noori Farzan:

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CA11: Failure to object to USMJ’s R&R on search claim is waiver for appeal

Defendant waived his suppression motion by not seeking review of the USMJ’s R&R. United States v. Pugh, 2019 U.S. App. LEXIS 9254 (11th Cir. Mar. 28, 2019). “The Court need not determine whether any of these facts alone would be … Continue reading

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ID: Old faded “no trespassing” sign that was apparently not prominent wasn’t notice officer couldn’t enter curtilage

Defendant’s argument that his single old and faded “No Trespassing” sign was enough to revoke any implied license to approach his house is rejected. The court leaves open the possibility in a factually more stark case one sign could be … Continue reading

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NYTimes: D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases

NYTimes: D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases by Charlie Savage:

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