Daily Archives: June 18, 2022

CA6: A police order to come out of one’s house is a seizure

“These cases clearly establish that forced compliance with orders is a Fourth Amendment seizure. Mendenhall and Saari establish that words that compel compliance with the officer’s orders to exit a house constitute a seizure. Thus, when taking the facts in … Continue reading

Posted in Probable cause, Seizure, Waiver | Comments Off on CA6: A police order to come out of one’s house is a seizure

NY3: SW two months after shooting was not stale where police were still investigating

The victim was shot in July 2016. In August, the police got a search warrant for his place and found nothing connecting him to it. In September, they got a second search warrant for a second place and found guns, … Continue reading

Posted in Consent, Reasonable suspicion, Seizure, Staleness | Comments Off on NY3: SW two months after shooting was not stale where police were still investigating

WY: State failed to show implied consent to enter home

A sheriff’s deputy showed up at defendant’s house to talk to her. He encountered her husband outside. The husband went in to get his wife, and the officer followed into the mudroom. There was no implied consent for the officer … Continue reading

Posted in Consent, Emergency / exigency, Probation / Parole search | Comments Off on WY: State failed to show implied consent to enter home

CA8: Shove was not a seizure

A mere shove was not a Fourth Amendment seizure nor excessive force. Martinez v. Sasse, 2022 U.S. App. LEXIS 16624 (8th Cir. June 16, 2022):

Posted in Seizure | Comments Off on CA8: Shove was not a seizure

WI: Search incident for shoplifting permitted search of small canister on keychain

Defendant was arrested for shoplifting, and, on her arrest, a search incident of a small canister attached to her keychain was reasonable, despite it being so small no evidence of theft would be there. State v. Meisenhelder, 2022 Wisc. App. … Continue reading

Posted in Search incident | Comments Off on WI: Search incident for shoplifting permitted search of small canister on keychain

WI: On remand in Mitchell v. Wisconsin blood draw reasonable

On remand from Mitchell v. Wisconsin, 139 S. Ct. 2525, 2539 (2019), defendant’s blood draw was reasonable. State v. Mitchell, 2022 Wisc. App. LEXIS 518 (June 15, 2022): When the Mitchell Court remanded this case, it did so for a … Continue reading

Posted in Drug or alcohol testing | Comments Off on WI: On remand in Mitchell v. Wisconsin blood draw reasonable