Daily Archives: October 21, 2024

404media: Lawsuit Argues Warrantless Use of Flock Surveillance Cameras Is Unconstitutional

Just filing lawsuits doesn’t normally merit comment here, but this is an exception: 404media: Lawsuit Argues Warrantless Use of Flock Surveillance Cameras Is Unconstitutional by Jason Koebler (“It is functionally impossible for people to drive anywhere without having their movements … Continue reading

Posted in Automatic license plate readers | Comments Off on 404media: Lawsuit Argues Warrantless Use of Flock Surveillance Cameras Is Unconstitutional

D.Minn.: While def was a passenger in a van, it was transporting his stuff, so he had standing

Defendant was a passenger in a van owned by a family member and transporting his stuff. He had standing to challenge the stop and detention. The stop was admittedly valid, and the extension of 15 minutes was based on reasonable … Continue reading

Posted in FISA, Reasonable suspicion, Standing | Comments Off on D.Minn.: While def was a passenger in a van, it was transporting his stuff, so he had standing

W.D.Ark.: State remedy for return of property bars § 1983 claim for it

Plaintiff’s § 1983 suit for return of property is denied because there is a state law remedy, even if a federal claim was barred by Heck. Owens v. Samuel, 2024 U.S. Dist. LEXIS 189894 (W.D. Ark. Sep. 24, 2024), adopted, … Continue reading

Posted in § 1983 / Bivens, Excessive force, Reasonable suspicion, Rule 41(g) / Return of property | Comments Off on W.D.Ark.: State remedy for return of property bars § 1983 claim for it

M.D.Ga.: Cell phone search started before SW’s completion date isn’t unreasonable

The fact execution of the warrant on defendant’s cell phone took longer than the time limitation in the warrant doesn’t justify suppression if the search process started before its expiration. United States v. Hewlett, 2024 U.S. Dist. LEXIS 189371 (M.D. … Continue reading

Posted in Cell phones, Nexus, Reasonable suspicion, Warrant execution | Comments Off on M.D.Ga.: Cell phone search started before SW’s completion date isn’t unreasonable

N.D.Ga.: Opening car door during stop requires RS

Opening a car door during a traffic stop requires reasonable suspicion and is governed by Terry. On the totality, officers had it based on a detailed BOLO. United States v. Crumbley, 2024 U.S. Dist. LEXIS 189567 (N.D. Ga. Oct. 18, … Continue reading

Posted in Arrest or entry on arrest, Burden of proof, Reasonable suspicion | Comments Off on N.D.Ga.: Opening car door during stop requires RS