Daily Archives: July 13, 2021

W.D.Mo.: How long is too long a wait for search of a seized cell phone: reasonableness controls

“A seizure reasonable at its inception because it is based upon probable cause may become unreasonable as a result of its duration. The duration of the seizure pending the issuance of a search warrant must still be reasonable, and reasonableness … Continue reading

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W.D.Mo.: Shooting victim or suspect? Officers couldn’t tell and that was reasonable suspicion.

Shooting victim or suspect? Officers couldn’t tell and that was reasonable suspicion. “Here, the officers knew that two black males were shooting firearms, and Defendant and Jackson were two black males who had been involved in the shooting. While the … Continue reading

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D.Conn.: No REP in mental health condition communicated to social worker

There was no reasonable expectation of privacy in mental health information voluntarily provided to a social worker. It become a third party record. Stiggle v. Reichard, 2021 U.S. Dist. LEXIS 128977 (D. Conn. July 12, 2021). “[T]here is no case … Continue reading

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ND: Reasonableness under Heien supported even though erroneous conclusion traffic offense occurred

Whether failure to signal while exiting a roundabout is a traffic offense is a valid reason for a stop or not, it was reasonable for the officer to conclude it was, and that justifies the stop under Heien. City of … Continue reading

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