Daily Archives: April 13, 2019

CA5: QI granted officer who detained business owner for 4 hrs for civil violation

Detaining a business owner for four hours for civil violations wasn’t clearly established as a Fourth Amendment violation, so the officer gets [away with it by getting] qualified immunity. Okorie v. Crawford, 2019 U.S. App. LEXIS 10918 (5th Cir. Apr. … Continue reading

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TX10: Exigency and protective sweep justified entry after a shooting

“The evidence presented at the suppression hearing, when viewed in the light most favorable to the trial court’s ruling, supports the denial of Weems’s motion to suppress based on either the exigent-circumstances or protective-sweep doctrines. … Specifically, once Taylor opened … Continue reading

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CA6: Medical clinic wasn’t “permeated with fraud” justifying an “all records” seizure, but SW was particular enough for a substantial seizure

The district court held that the defendant’s medical clinic was “permeated with fraud” justifying an “all records” seizure. The court of appeals disagrees. There was a fair amount of potential fraud, but it wasn’t obvious. Still, the warrant had particularity … Continue reading

Posted in Overseizure, Particularity | Comments Off on CA6: Medical clinic wasn’t “permeated with fraud” justifying an “all records” seizure, but SW was particular enough for a substantial seizure

W.D.Pa.: Def’s effort to make a felony stop fit under Rodriguez fails

Despite his lack of standing, defendant seeks to cast this automobile exception search as having its genesis in an overlong traffic stop, thus unreasonable under Rodriguez. This was not just a traffic stop; it was a felony stop, and the … Continue reading

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D.Me.: Absent room renter could consent to search of motel room def was alone in under Randolph

Defendant was the sole occupant of his hotel room, and the absent renter consented to the search. That consent was binding on defendant under Randolph. It wasn’t ineffective assistance of counsel for defense counsel to fail to argue for an … Continue reading

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D.Wis.: Property renter didn’t yet have standing to challenge ordinance for renter information under 4A

Suit over a county ordinance that short term rental properties have to allow government access to their guest registries as a violation of the Fourth Amendment was moot. Plaintiff hadn’t filed the paperwork under the ordinance so he doesn’t yet … Continue reading

Posted in Inventory, Standing | Comments Off on D.Wis.: Property renter didn’t yet have standing to challenge ordinance for renter information under 4A

D.Neb.: SW for cell phone defeats motion for return of phone for time being

Defendant’s cell phone was seized when he was arrested. Five days later, the government sought a search warrant for the phone. Defendant isn’t yet entitled to return of the phone. United States v. Gonzalez, 2019 U.S. Dist. LEXIS 61279 (D. … Continue reading

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D.Mass.: Failure to leave a full copy of the SW at scene does not require suppression

“Jones alleges that he entered a guilty plea unknowingly because [defense counsel] Cloherty incorrectly informed him that, after testifying at the suppression hearing that he lived part-time at the apartment where the officers executed the search, he could not testify … Continue reading

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