Daily Archives: November 21, 2024

PA: Merely reaching in car to secure gun in plain view was reasonable under state’s more stringent automobile exception

It was reasonable for the officer to reach in an open door and secure a gun seen in plain view under Pennsylvania’s more stringent automobile exception. Commonwealth v. Saunders, 2024 Pa. LEXIS 1734 (Nov. 20, 2024) (and there’s three opinions; … Continue reading

Posted in Automobile exception, Plain view, feel, smell, State constitution | Comments Off on PA: Merely reaching in car to secure gun in plain view was reasonable under state’s more stringent automobile exception

N.Y.Co.: Shareholders cannot bring a 4A claim on behalf of a corporation that isn’t a party

Shareholders cannot bring a Fourth Amendment claim on behalf of a corporation that isn’t a party. Elfand v. Adams, 2024 NY Slip Op 24289, 2024 N.Y. Misc. LEXIS 19021 (N.Y. Co. Nov. 18, 2024). The CI’s information led to a … Continue reading

Posted in Consent, Informant hearsay, Reasonable suspicion, Standing | Comments Off on N.Y.Co.: Shareholders cannot bring a 4A claim on behalf of a corporation that isn’t a party

W.D.Pa.: Protective sweep of house was reasonable despite def’s arrest outside

The officers had knowledge defendant had confederates in his drug operation. While he was arrested outside his house, a protective sweep inside was still shown to be reasonable. United States v. Pope, 2024 U.S. Dist. LEXIS 209740 (W.D. Pa. Nov. … Continue reading

Posted in Abandonment, Protective sweep, Reasonable expectation of privacy | Comments Off on W.D.Pa.: Protective sweep of house was reasonable despite def’s arrest outside