Monthly Archives: May 2020

CA6: Duration of police dog bite as reasonable force

Zuress v. City of Newark, 2020 U.S. App. LEXIS 17134 (6th Cir. May 29, 2020):

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N.D.Cal.: SW was issued before entry; even if not, emergency justified the entry

“On this record, Reynolds has not shown that the search of his room was illegal. The officers did not enter it until they had a valid warrant. For the sake of completeness, the Court also finds that entering Reynolds’s room … Continue reading

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AL: Dog sniff at apt door unreasonable under Jardines

“We consider whether the use of a drug-sniffing dog to sniff the door seams of the apartment was, under the reasoning of Jardines, an illegal search in violation of Earl’s Fourth Amendment right to be free from unreasonable searches. We … Continue reading

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TN: Without findings of fact, the appellate court can review the dashcam video and draw its own conclusions

The trial court didn’t make findings of fact, so the appellate court can review the dashcam video and draw its own conclusions. “The trial court reviewed the testimony of the only witness and made an implicit finding that his testimony … Continue reading

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CA5: Protective sweep reasonable after def first barricaded himself and then surrendered

A protective sweep was justified on defendant’s arrest after he’d barricaded himself inside and then gave up. United States v. Hernandez, 2020 U.S. App. LEXIS 17027 (5th Cir. May 28, 2020). Petitioner isn’t entitled to a writ of mandamus for … Continue reading

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CA9: Motel operator in Los Angeles fails to state Patel claim

Plaintiff’s second amended complaint didn’t state a City of Los Angeles v. Patel claim. “The SAC’s allegation that the Motel’s registration records were searched pursuant to a CUP condition that was imposed by a vote of the City Council provides … Continue reading

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Franks from IL and CA

The affidavit for this search warrant from a 1992 California murder did not include intentional falsities or misrepresentations. The affiant summarized witnesses’ versions of defendant’s description. Even if they were false, removing them from the affidavit still leaves probable cause. … Continue reading

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TX1: Officer’s subjective motivation to follow to observe more driving didn’t undo the RS

The officer’s testimony was the same as the dashcam video, and supported reasonable suspicion. However, “The trial court found there was no reasonable suspicion of the offense of driving while intoxicated based on Cardenas’s testimony, supported by video evidence, that … Continue reading

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CA11: Def’s wife’s search of his cell phone finding child pornography and then taking the phone to the police was a private search

Defendant’s wife’s search of his cell phone finding child pornography and then taking the phone to the police was a private search for her personal reasons. United States v. Rivera-Morales, 2020 U.S. App. LEXIS 17116 (1st Cir. May 29, 2020):

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FL1: Possession of a concealed weapon in Florida isn’t inherently criminal, so no RS

Possession of a concealed weapon in Florida isn’t inherently criminal, and the officer lacked reasonable suspicion for a patdown and removing the gun from defendant’s waistband. Kilburn v. State, 2020 Fla. App. LEXIS 7525 (Fla. 1st DCA May 29, 2020) … Continue reading

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AR: No abuse of discretion in not forcing state to disclose that which it couldn’t get from HBO camera crew being at search

An HBO crew was present at the drug raid here while filming “Meth Storm.”The prosecutor didn’t know about it until the eve of trial, and he sought to get the video and couldn’t, and he disclosed to the defense. The … Continue reading

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KY: Criminal history check during traffic stop is reasonable; the officer needs to know who he or she is dealing with

The stop had not concluded, and it wasn’t unreasonably extended by the officer. Criminal history checks are reasonable. “Accordingly, the officer may take reasonable steps to ascertain whether the persons with whom he is dealing might be dangerous. To this … Continue reading

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Law.com/NYLJ: COVID-19 and the Constitution: How the Bill of Rights Is Being Tested by the Coronavirus

Law.com/NYLJ: COVID-19 and the Constitution: How the Bill of Rights Is Being Tested by the Coronavirus by John Curran, Jake Gardener and Jeffery Ding (“The coronavirus is set to test our Bill of Rights more broadly than any other event … Continue reading

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E.D.Ark.: “After editing out the incomplete and false portions of the warrant affidavit, the remaining information was insufficient to establish” PC

“After editing out the incomplete and false portions of the warrant affidavit, the remaining information was insufficient to establish that Green was dead and that his death was caused by the criminal act of another person. Accordingly, the Court finds … Continue reading

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D.Nev.: Six days to draft a cell phone SW was reasonable

The government was diligent in getting a warrant over six days, including a weekend, where the agents and the USAO spent most of three days drafting it. “Still, the Fourth Amendment obligated the United States to ‘diligently obtain[ ] a … Continue reading

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CA9: Bringing police with criminal investigative motive to execute admin. warrant was unreasonable

An administrative inspection warrant is based on a programmatic probable cause standard, and not probable cause to believe that a crime occurred. Using the Los Angeles County Sheriff’s Office to help do a City of Lancaster administrative entry and search … Continue reading

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