Daily Archives: December 26, 2023

S.D.N.Y.: CA2 doesn’t recognize “stalking horse” theory of probation searches

“Skyfield’s stalking horse theory ‘that the NYPD was the real law enforcement animator’ behind the Probation Office’s actions is therefore inconsistent with binding Second Circuit precedent. United States v. Chandler, 56 F.4th 27, 43 (2d Cir. 2022), cert. denied, 143 … Continue reading

Posted in Good faith exception, Nexus, Probation / Parole search, Reasonable suspicion | Comments Off on S.D.N.Y.: CA2 doesn’t recognize “stalking horse” theory of probation searches

OH10: Handing backpack to friend to hold was not abandonment

“However, abandonment for Fourth Amendment purposes differs from abandonment in terms of property law. ‘In the context of search and seizure law, abandonment refers to a manifestation or appearance that the person has no interest in the property, rather than … Continue reading

Posted in Abandonment, Waiver | Comments Off on OH10: Handing backpack to friend to hold was not abandonment

CA9: Questions about supervised release status and request for consent during traffic stop are reasonable

This traffic stop was not unreasonably extended. “Officers were permitted to ask Contreras about his supervisory release status as an ordinary inquiry incident to a traffic stop. … Officers were also allowed to conduct a criminal records search. … Likewise, … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Probation / Parole search, Reasonableness | Comments Off on CA9: Questions about supervised release status and request for consent during traffic stop are reasonable