Daily Archives: December 5, 2023

CA3: Two minutes for a criminal records check during a traffic stop was reasonable under Rodriguez

“Law enforcement officers conduct traffic stops every day. No matter how minor the apparent infraction, every traffic stop must comply with the Fourth Amendment. It wraps every person, and every traffic stop, with a cloak of constitutional protection. The Fourth … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off on CA3: Two minutes for a criminal records check during a traffic stop was reasonable under Rodriguez

DE: Mandamus can’t be used as interlocutory appeal of denial of motion to suppress

A petition for writ of mandamus can’t be used as an interlocutory appeal of denial of a motion to suppress. [Mandamus isn’t anywhere near a possible remedy.] In re Taylor for A Writ of Mandamus, 2023 Del. LEXIS 400 (Dec. … Continue reading

Posted in § 1983 / Bivens, Burden of pleading, Ineffective assistance, Motion to suppress | Comments Off on DE: Mandamus can’t be used as interlocutory appeal of denial of motion to suppress

New Law Review: Policing Emotions: What Social Psychology Can Teach Fourth Amendment Doctrine

Wayne Logan, Policing Emotions: What Social Psychology Can Teach Fourth Amendment Doctrine, 77 Buffalo Law Review (forthcoming 2024):

Posted in Reasonable suspicion | Comments Off on New Law Review: Policing Emotions: What Social Psychology Can Teach Fourth Amendment Doctrine

D.Utah: Def in jail can’t get unrecorded phone calls to nonlawyers to prepare for trial

Defendant seeks unrestricted phone access without recording, but not just to his lawyer or standby counsel–every call. No First, Fourth, or Sixth Amendment violation (limited to lawyers). United States v. Cromar, 2023 U.S. Dist. LEXIS 215498 (D. Utah Dec. 4, … Continue reading

Posted in Prison and jail searches, Staleness, Stored Communications Act | Comments Off on D.Utah: Def in jail can’t get unrecorded phone calls to nonlawyers to prepare for trial

W.D.Mich.: Inmate can’t claim a medical condition and then refuse testing on 4A grounds

Plaintiff inmate claims to have an allergy. The prison wanted to draw blood to confirm. “Plaintiff has failed to state a claim that the Defendants violated his Fourth Amendment right to be free from unreasonable searches and seizures when they … Continue reading

Posted in Prison and jail searches | Comments Off on W.D.Mich.: Inmate can’t claim a medical condition and then refuse testing on 4A grounds