Daily Archives: December 18, 2021

D.Del.: 4A child seizure claim requires the child be a party

A Fourth Amendment child seizure claim requires the child be a party, even if the parents assert the child’s rights. Spahr v. Collins, 2021 U.S. Dist. LEXIS 241127 (D.Del. Dec. 17, 2021). Defendant in his 2255 cannot show defense counsel … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Seizure, Standing | Comments Off on D.Del.: 4A child seizure claim requires the child be a party

CA4: When POs knocked for a probation visit, sounds from inside gave RS for probation search

“Wimer contends that the probation officers who visited his home lacked reasonable suspicion to search his person. We find that, based on the totality of the circumstances, the officers had reasonable suspicion to search him. At the outset of the … Continue reading

Posted in Private search, Probation / Parole search, Reasonable suspicion | Comments Off on CA4: When POs knocked for a probation visit, sounds from inside gave RS for probation search

CA1: Visitor’s backpack could be searched during a drug raid with SW

Appellant was a visitor with a backpack on the premises when a search warrant was executed, and the backpack was searched. The search was valid. “That Congo was not identified in the warrant as a co-conspirator is simply not relevant … Continue reading

Posted in Issue preclusion, Scope of search | Comments Off on CA1: Visitor’s backpack could be searched during a drug raid with SW