Monthly Archives: October 2019

Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover

Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover by Orin S. Kerr Some interesting issues raised by the only Fourth Amendment case currently on the Supreme Court’s docket.

Posted in Reasonable suspicion, SCOTUS | Comments Off on Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover

Lexology: Courts continue to consider intersection of Fourth Amendment and technology: without a warrant, retrieval of car’s electronic data unconstitutional, but surveillance on hunting property permissible

Lexology: Courts continue to consider intersection of Fourth Amendment and technology: without a warrant, retrieval of car’s electronic data unconstitutional, but surveillance on hunting property permissible by Brian J. Willett

Posted in Uncategorized | Comments Off on Lexology: Courts continue to consider intersection of Fourth Amendment and technology: without a warrant, retrieval of car’s electronic data unconstitutional, but surveillance on hunting property permissible

VA: Def’s refusal to submit to a SW for DNA could be argued as consciousness of guilt at trial

Defendant’s conscious refusal to submit to a DNA buccal swab sought by a search warrant could be argued as consciousness of guilt. Haas v. Commonwealth, 2019 Va. App. LEXIS 237 (Oct. 29. 2019). The officer’s knowledge from nearly six months … Continue reading

Posted in Reasonable suspicion, Warrant execution | Comments Off on VA: Def’s refusal to submit to a SW for DNA could be argued as consciousness of guilt at trial

AZ: Protective sweep that produced a bullet casing was unjustified (but harmless)

Defendant has standing to challenge the search of a mobile home he had rented even though he had not fully moved in, and the trial court erred in concluding otherwise. The state’s argument the entry into the mobile home required … Continue reading

Posted in Franks doctrine, Protective sweep | Comments Off on AZ: Protective sweep that produced a bullet casing was unjustified (but harmless)

E.D.Mich.: Def’s furtive movement justified extending the stop

Defendant’s reaching out of sight during a traffic stop was a furtive movement justifying extending the stop and seeing what he was doing. United States v. Edwards, 2019 U.S. Dist. LEXIS 185987 (E.D. Mich. Oct. 28, 2019).* The protective sweep … Continue reading

Posted in Protective sweep, Reasonable suspicion | Comments Off on E.D.Mich.: Def’s furtive movement justified extending the stop

S.D.Ill.: The delay in the stop was def’s own stalling

The stop was prolonged but it was defendant’s own stalling, so Rodriguez wasn’t violated. “The fact that Thompson and Dwyer did not issue any ticket for the window tinting or the obstructed brake lights is not relevant to the question … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off on S.D.Ill.: The delay in the stop was def’s own stalling

techdirt: Cops: People In Their Own Homes Are In The Wrong Place At The Wrong Time Whenever A Cop Enters Unlawfully

techdirt: Cops: People In Their Own Homes Are In The Wrong Place At The Wrong Time Whenever A Cop Enters Unlawfully by Tim Cushing:

Posted in Warrant execution | Comments Off on techdirt: Cops: People In Their Own Homes Are In The Wrong Place At The Wrong Time Whenever A Cop Enters Unlawfully

CO: Vehicle inventory fails where no showing of policy enabling it

The inventory of defendant’s car was not done according to any policy, and it is not justifiable under the automobile exception or as a protective search for weapons either. People v. Allen, 2019 CO 88, 2019 Colo. LEXIS 1077 (Oct. … Continue reading

Posted in Inventory | Comments Off on CO: Vehicle inventory fails where no showing of policy enabling it

CA10: When the police destroy your house in aid of the police power because of a barricaded suspect, it’s not a taking under the 5A

When the police destroy your house in aid of the police power because of a barricaded suspect, it’s not a taking under the Fifth Amendment. [The Fourth Amendment is not cited.] Lech v. Jackson, 2019 U.S. App. LEXIS 32393 (10th … Continue reading

Posted in § 1983 / Bivens, Uncategorized | Comments Off on CA10: When the police destroy your house in aid of the police power because of a barricaded suspect, it’s not a taking under the 5A

SCOTUSblog: Argument preview: Can the police stop a vehicle because its registered owner’s license has been suspended or revoked?

SCOTUSblog: Argument preview: Can the police stop a vehicle because its registered owner’s license has been suspended or revoked? by Evan Lee (“Next Monday, November 4, the Supreme Court will hear argument in a case that asks whether it is … Continue reading

Posted in SCOTUS | Comments Off on SCOTUSblog: Argument preview: Can the police stop a vehicle because its registered owner’s license has been suspended or revoked?

ABAJ: Genealogy sites give law enforcement a new DNA sleuthing tool, but the battle over privacy looms

ABAJ: Genealogy sites give law enforcement a new DNA sleuthing tool, but the battle over privacy looms by Jason Tashea with the story of an exoneration by reverse engineering DNA from genealogy sites to find the real killer who confessed … Continue reading

Posted in DNA | Comments Off on ABAJ: Genealogy sites give law enforcement a new DNA sleuthing tool, but the battle over privacy looms

MA: Obtaining and executing arrest warrant in middle of night for a rash of burglaries was reasonable

Police were investigating a rash of burglaries, and woke up a magistrate in the middle of the night to get an arrest warrant for defendant. Officers went to arrest him and others were seeking a search warrant. At his apartment, … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off on MA: Obtaining and executing arrest warrant in middle of night for a rash of burglaries was reasonable