Daily Archives: January 5, 2022

D.Del.: The traffic stop question is only reasonableness, not whether state law was violated

One officer stopped defendant at the request of another. Defendant challenges its basis. “The question here is not whether the stop was authorized by [state law]. The question is rather whether the car stop was reasonable under the Fourth Amendment.” … Continue reading

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CA6: Torres v. Madrid not a new constitutional rule for successor habeas

Torres v. Madrid did not announce a new constitutional rule for an ineffective assistance of counsel claim in a successor habeas. In re Foster, 2022 U.S. App. LEXIS 141 (6th Cir. Jan. 3, 2022). “Considering that reasonable suspicion ‘is not, … Continue reading

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N.D.Ill.: Stopping work on the traffic ticket when the drug dog arrived resulted in lengthening the detention without RS

“Officer Allen admits that he was not printing the police department’s copy of the first citation or processing the second citation during the drug sniff. Rather, he completely stopped his traffic-related mission as soon as Officer Wiebe arrived and worked … Continue reading

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E.D.Cal.: Garnishment of wages is not a 4A seizure

Garnishment of wages is not a Fourth Amendment seizure. Williams v. Drakaina Logistics, 2021 U.S. Dist. LEXIS 248750 (E.D.Cal. Dec. 30, 2021). Defendant’s property was seized on exigency after an apparent crime, and seizure was required to prevent destruction. United … Continue reading

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E.D.Mich.: Officers’ versions of arrest and search show two valid versions of why it was valid

The two officers involved in defendant’s stop and search of his person and car had somewhat different versions of what happened. Under either, the search of his person and car were both reasonable. Defendant had no DL which was an … Continue reading

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GA: REP in apartment hallway outside door

Applying Dunn to defendant’s apartment hallway curtilage, defendant had a reasonable expectation of privacy at his apartment door. There was a locked gate to enter the area that the police somehow bypassed to get in for a dog sniff. State … Continue reading

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TN: Where car was abandoned, there were no reasonable alternatives to impoundment available to the police

Tennessee recognizes that impoundment and inventory can be avoided if there are reasonable alternatives to it at the time. Here, defendant’s car was abandoned on the road and, when they arrived, it was in the process of being towed and … Continue reading

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C.D.Cal.: 2254 petr’s choice of remedy in state court still subject to Stone bar

2254 petitioner chose to attempt to exclude cell phone evidence in his state trial based on the claim it was not timely turned over and not that it was illegally seized. That was his choice, and the state did not … Continue reading

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