Daily Archives: August 13, 2022

W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply

Defendant’s jail cell was subjected to a shakedown search, and it was reasonable. His claim of procedural due process safeguards come from civil cases and don’t apply. United States v. Arrington, 2022 U.S. Dist. LEXIS 142770 (W.D.N.Y. Aug. 10, 2022). … Continue reading

Posted in Franks doctrine, Good faith exception, Prison and jail searches, Probable cause | Comments Off on W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply

NY2: Search of wallet during a frisk unreasonable

Officers violated the Fourth Amendment during defendant’s frisk when they removed his wallet from his pocket and searched it. People v. Lewis, 2022 NY Slip Op 04920, 2022 N.Y. App. Div. LEXIS 4797 (2d Dept. Aug. 10, 2022). The officer … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Overseizure, Qualified immunity, Stop and frisk | Comments Off on NY2: Search of wallet during a frisk unreasonable

CA4: Avoid “divide-and-conquer” reasoning on RS and PC

The record doesn’t definitively support the district court’s conclusion that the government proved forfeitability of the cash. The record was enough in dispute that there needed to be a trial on the merits. United States v. McClellan, 2022 U.S. App. … Continue reading

Posted in Probable cause | Comments Off on CA4: Avoid “divide-and-conquer” reasoning on RS and PC

OR: No REP in medical records that include BAC results

There is no reasonable expectation of privacy in medical records including the results of defendant’s BAC test. State v. Hoffman, 321 Or. App. 330 (Aug. 10, 2022):

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