Daily Archives: April 19, 2024

LA4: Merely having a concealed firearm isn’t RS for a frisk

“The State asserts that the evidence should not be suppressed because the NOPD was entitled to conduct a La. C.Cr.P. art. 215.1, ‘Terry stop’ on Mr. Green, which would have revealed the firearm. See Terry v. Ohio, …. However, the … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion, Stop and frisk | Comments Off on LA4: Merely having a concealed firearm isn’t RS for a frisk

OR: Merely driving off the road wasn’t RS, but adding the driver’s demeanor at the time was

“A traffic stop is a ‘seizure’ that requires a constitutional justification. … An officer’s investigative activity during a traffic stop is subject to both durational and subject-matter limitations. … Here, there are two ‘specific and articulable facts’ that support reasonable … Continue reading

Posted in Private search, Reasonable suspicion | Comments Off on OR: Merely driving off the road wasn’t RS, but adding the driver’s demeanor at the time was

OH6: Trial court’s failure to explain RS under Rodriguez required remand

The trial court in denying the motion to suppress didn’t adequately explain the Rodriguez moment and whether there was reasonable suspicion. Remanded. State v. Jeter, 2024-Ohio-1442, 2024 Ohio App. LEXIS 1356 (6th Dist. Apr. 12, 2024). On the totality of … Continue reading

Posted in Consent, Reasonable suspicion, Warrant papers | Comments Off on OH6: Trial court’s failure to explain RS under Rodriguez required remand

CA6: Asking def before a patdown during arrest what he had on him wasn’t barred by Miranda

Asking defendant before a patdown during arrest what he had on him wasn’t barred by Miranda. United States v. Lester, 2024 U.S. App. LEXIS 9162 (6th Cir. Apr. 16, 2024). The evidence supports the trial court’s conclusion defendant consented to … Continue reading

Posted in Franks doctrine, Privileges, Protective sweep, Stop and frisk | Comments Off on CA6: Asking def before a patdown during arrest what he had on him wasn’t barred by Miranda

NY Queens: PC shown for SW blood drawn at hospital after car wreck

Probable cause was shown for the search warrant for defendant’s blood drawn at a hospital after a car wreck. To the extent there is also a Franks challenge, it fails. People v. Moreno, 2024 NY Slip Op 24116, 2024 NYLJ … Continue reading

Posted in Arrest or entry on arrest, Drug or alcohol testing, Nexus, Probable cause, Protective sweep, Waiver | Comments Off on NY Queens: PC shown for SW blood drawn at hospital after car wreck

CA7: Hotel room vacated by tenant could be searched by hotel management

A hotel room search by the hotel manager after defendant’s tenancy expired was reasonable as a private search and under state law. He was also on parole, but the district court didn’t even mention that. United States v. Gay, 2024 … Continue reading

Posted in Excessive force, Ineffective assistance, Private search | Comments Off on CA7: Hotel room vacated by tenant could be searched by hotel management

W.D.N.Y.: SW for devices used for video surveillance included cell phones because apps can be used to view cameras from cell phones

In a search warrant for devices capable of use in video surveillance, a cell phone qualified because apps on phones permitted home surveillance cameras (such as Ring doorbell cams) to be viewed on cell phones. United States v. Hampton, 2024 … Continue reading

Posted in Cell phones, Custody | Comments Off on W.D.N.Y.: SW for devices used for video surveillance included cell phones because apps can be used to view cameras from cell phones

CA3: PC for ptf’s arrest for punching a police horse

“Viewing the facts in the light most favorable to Coco as the non-moving party, we conclude there is a genuine dispute as to whether there was probable cause to arrest Coco for harassing a police horse under Del. Code tit. … Continue reading

Posted in Custody, Issue preclusion, Probable cause | Comments Off on CA3: PC for ptf’s arrest for punching a police horse

D.N.M.: Three Franks challenges, one successful

Defendant succeeds in his Franks challenge. After a hearing, it was more likely than not that there was a false statement at least recklessly made, and it was material: “For these reasons, the Court finds that the false statement included … Continue reading

Posted in Franks doctrine | Comments Off on D.N.M.: Three Franks challenges, one successful

FL1: Violation of state knock-and-announce statute requires suppression; Hudson not followed

Violation of the state knock-and-announce statute required suppression. Officers entered with haste and didn’t give defendant the chance to surrender peaceably to the search. The statute is a century old, and it serves important privacy interests. The state’s claim that … Continue reading

Posted in Cell phones, Exclusionary rule, Knock and announce, Standing | Comments Off on FL1: Violation of state knock-and-announce statute requires suppression; Hudson not followed

N.D.Ala.: All parts of a SW are read in context, and that narrows it so it’s not overbroad

Defendant seizes on one sentence in the search warrant to contend that it was overbroad. Under Andresen, parts of warrants are read in context. In context, it was not overbroad. United States v. Canaday, 2024 U.S. Dist. LEXIS 64639 (N.D. … Continue reading

Posted in Cell phones, Good faith exception, Overbreadth | Comments Off on N.D.Ala.: All parts of a SW are read in context, and that narrows it so it’s not overbroad

WA: No immediate bail for DV arrest violates neither 4A nor due process

A no bail arrest for domestic violence until the first appearance violates neither the Fourth Amendment nor due process. State v. Clare, 2024 Wash. App. LEXIS 462 (Mar. 12, 2024). CoA denied. Petitioner doesn’t show that his state Fourth Amendment … Continue reading

Posted in Arrest or entry on arrest, Stop and frisk, Waiver | Comments Off on WA: No immediate bail for DV arrest violates neither 4A nor due process

S.D.N.Y.: Overseas seizure of Russian oligarch’s megayacht not governed by 4A

This megayacht was seized overseas for Russia sanctions. (Eduard Yurievich Khudainatov is the owner, and he’s a Russian oligarch who is a Putin proxy (per Forbes)) The claim that the initial seizure may have violated the Fourth Amendment fails because … Continue reading

Posted in Foreign searches, Forfeiture, Nexus, Reasonable suspicion | Comments Off on S.D.N.Y.: Overseas seizure of Russian oligarch’s megayacht not governed by 4A

CA7: No IAC in failure to more aggressively pursue Franks challenge

Defense counsel acted reasonably in how he pursued defendant’s suppression motion founded on Franks in not arguing more stringently for bad faith. Here, defendant was charged in state court with child pornography. His motion to suppress the search was granted. … Continue reading

Posted in Franks doctrine, Ineffective assistance | Comments Off on CA7: No IAC in failure to more aggressively pursue Franks challenge

CA9: Compelled use of fingerprint to open a cell phone didn’t violate 5A

Police forcing defendant parolee to use his fingerprint to open his cell phone was not testimonial under the Fifth Amendment. It was “cognitive exertion” and akin to taking DNA or a blood draw. United States v. Payne, 2024 U.S. App. … Continue reading

Posted in Cell phones, Privileges | Comments Off on CA9: Compelled use of fingerprint to open a cell phone didn’t violate 5A