Daily Archives: September 21, 2024

GA: Swabbing handcuffed arrestee’s hands for DNA valid as SI

Swabbing defendant’s hands for DNA while he was handcuffed in an interrogation room was valid as search incident. The DNA was easily destroyed. (Thus exigency too.) Gonzalez v. State, 2024 Ga. LEXIS 203 (Sep. 17, 2024). An warrant still in … Continue reading

Posted in Arrest or entry on arrest, DNA, Dog sniff, Good faith exception, Search incident | Comments Off on GA: Swabbing handcuffed arrestee’s hands for DNA valid as SI

CA11: Being on a no-fly list wasn’t RS on highway

Plaintiff’s being on a no-fly list wasn’t reasonable suspicion to detain him on the highway. Meshal v. Commissioner, 2024 U.S. App. LEXIS 23486 (11th Cir. Sep. 16, 2024). “[T]he officer did not violate the Fourth Amendment because his warrantless entry … Continue reading

Posted in Emergency / exigency, Ineffective assistance, Reasonable suspicion | Comments Off on CA11: Being on a no-fly list wasn’t RS on highway

W.D.Mo.: Use of stop sticks was a reasonable seizure and with RS

“The Court finds that when Officers Zinn and Jasso placed the stop sticks and attempted to remove the subject from his vehicle, they had a reasonable, articulable suspicion that the individual behind the wheel of the Dodge Charger was involved … Continue reading

Posted in Excessive force, Qualified immunity, Reasonable suspicion, Seizure | Comments Off on W.D.Mo.: Use of stop sticks was a reasonable seizure and with RS

N.D.Ind.: Cell phones are “tools of the trade” of drug dealing, so nexus is minimal [actually, practically non-existent]

While cell phones are “tools of the trade” of drug dealing, they usually can be swept up in a search warrant for the premises. While that works in drug cases, there should be caution in other types of cases. United … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Nexus, Reasonable suspicion, Search incident | Comments Off on N.D.Ind.: Cell phones are “tools of the trade” of drug dealing, so nexus is minimal [actually, practically non-existent]