Daily Archives: July 8, 2021

ABAJ: Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases

ABAJ: Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases (“The Supreme Court decided three cases concerning the Fourth Amendment during the October 2020 term. They shared several characteristics.”)

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N.D.Iowa: Asking “What’s going on?” was not withdrawal of consent

The court adopts the R&R finding on the totality that defendant consented to a search of his backpack, despite some intoxication. His saying “What’s going on?” was not withdrawal of consent. United States v. Harden, 2021 U.S. Dist. LEXIS 126242 … Continue reading

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D.Nev.: Questioning passengers about names and DOBs during parking violation stop excessive

Questioning passengers for their IDs or birthdates in a stop for a parking violation was a detour from the mission of the stop under Rodriguez. United States v. McCowan, 2021 U.S. Dist. LEXIS 126194 (D. Nev. July 7, 2021):

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CA4: In open carry state, firearm plus bit more can be RS

Even in an open carry state, open possession of a firearm plus a bit more can be reasonable suspicion on the totality. Walker v. Donahoe, 2021 U.S. App. LEXIS 20130 (4th Cir. July 7, 2021):

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CA3: No REP in sent text messages

“[C]ounsel notes that he moved to suppress the text messages Bereznak and A.G. exchanged, arguing that those messages were acquired from A.G.’s cellphone in violation of Bereznak’s Fourth Amendment rights. This issue lacks merit because Bereznak had no reasonable expectation … Continue reading

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CA11: District Court’s § 1983 SJ credibility determinations on PC require reversal

“Because the District Court weighed testimony and made credibility determinations, it erroneously found that Officer Williams had arguable probable cause to detain Ms. Khoury. We must therefore vacate the District Court’s summary judgment order holding that Officer Williams had qualified … Continue reading

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