Daily Archives: March 3, 2020

San Diego Union-Tribune: An end to immigration checks on Greyhound buses reaffirms Fourth Amendment argument from civil rights groups

San Diego Union-Tribune: An end to immigration checks on Greyhound buses reaffirms Fourth Amendment argument from civil rights groups by Lisa Deaderick (“In Greyhound’s recent decision to no longer allow Border Patrol immigration checks on its buses, civil rights groups say … Continue reading

Posted in Immigration arrests | Comments Off on San Diego Union-Tribune: An end to immigration checks on Greyhound buses reaffirms Fourth Amendment argument from civil rights groups

TN: Arrest warrant permitted entry into def’s hotel room under Payton

An arrest warrant for defendant permitted entry into a hotel room he rented under Payton. (Then he wins on insufficiency of evidence of constructive possession in the room.) State v. Jones, 2020 Tenn. Crim. App. LEXIS 151 (Feb. 27, 2020). … Continue reading

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CA6: Shooting a teenager who pulled a toy gun on an officer for 2 seconds still has QI

The officer here shot a teenage boy who had a toy gun on him that looked real. He reached for it and dropped it, but reaching for it and pulling it out, even for two seconds before dropping it, was … Continue reading

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CA6: § 1983 malicious prosecution claims are made under 4A not 14A

Malicious prosecution claims are to be brought under the Fourth Amendment and not substantive due process. Davis v. Gallagher, 2020 U.S. App. LEXIS 6180 (6th Cir. Feb. 28, 2020). Driving with hands at the 10 and 2 position was suspect … Continue reading

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NC: Ordering traffic detainee to get in police car and shut door after stop should have been over unreasonably extended it

The officer unreasonably extended the stop past the time for resolving the alleged traffic violations. He told defendant to get into the police car, and defendant did, but left the passenger door open with his right leg out. The officer … Continue reading

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FL2: State’s failure to make record on GFE gets remand

The trial court’s failure to address the good faith exception as an alternative to alleged lack of probable cause precludes the state from relying on it. Remanded to make a record. Hicks v. State, 2020 Fla. App. LEXIS 2465 (Fla. … Continue reading

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