Daily Archives: December 22, 2024

IA: No REP in ER room from police entry for observations and questions

Defendant had no reasonable expectation of privacy in the ER room he was being treated in when the officer entered, observed him clearly intoxicated, and then elicited admissions from him. (The court considered both trespass and reasonable expectation of privacy … Continue reading

Posted in Consent, Issue preclusion, Reasonable expectation of privacy | Comments Off on IA: No REP in ER room from police entry for observations and questions

NC: Knock-and-talk led to smell of MJ and attempt to bar the door, and that was exigency

The officer came to defendant’s door for a knock-and-talk about marijuana sales, and, when the door was opened, he could smell marijuana. Defendant shut the door and attempted to put a bar up to block access, and that was all … Continue reading

Posted in Automobile exception, Emergency / exigency, Knock and talk, Plain view, feel, smell, Protective sweep | Comments Off on NC: Knock-and-talk led to smell of MJ and attempt to bar the door, and that was exigency

CA6: 4A’s “reasonable officer” “is a hypothetical construct of the law, one that no district court can cross-examine”

“But the Fourth Amendment’s ‘reasonable officer’ is not a real officer with real subjective thoughts and feelings. It is a hypothetical construct of the law, one that no district court can cross-examine.” United States v. Urraca, 2024 U.S. App. LEXIS … Continue reading

Posted in Pretext, Reasonableness | Comments Off on CA6: 4A’s “reasonable officer” “is a hypothetical construct of the law, one that no district court can cross-examine”

MT: Search of electronics under SW needs to start by SW expiration, not be completed

The search warrant for numerous electronic devices (phones and tablets) was served within ten days but the search couldn’t be completed for longer than that. The grant of the motion to suppress because of the delay is reversed. The warrant … Continue reading

Posted in Computer and cloud searches, Excessive force, Reasonable suspicion, Warrant execution | Comments Off on MT: Search of electronics under SW needs to start by SW expiration, not be completed

CA6: 4A IAC claim requires a showing petitioner would win on the merits of search claim

“And if Derringer intended to argue that counsel should have moved to suppress the cell phone videos, he did not identify any basis for challenging the validity of the search warrant that resulted in the seizure of the cell phone … Continue reading

Posted in Burden of pleading, Curtilage, Ineffective assistance, Qualified immunity, Reasonable expectation of privacy | Comments Off on CA6: 4A IAC claim requires a showing petitioner would win on the merits of search claim

CA2: Plain view seizure of cell phone established by officers’ knowledge of role of cell phones in crime

The evidentiary value of a cell phone for plain view was established here because, when officers saw the phone, they’d been investigating a conspiracy involving cell phone for months. United States v. Kurland, 2024 U.S. App. LEXIS 32177 (2d Cir. … Continue reading

Posted in Burden of pleading, Plain view, feel, smell, Reasonable suspicion | Comments Off on CA2: Plain view seizure of cell phone established by officers’ knowledge of role of cell phones in crime

IL: Investigative alert based on an underlying finding of PC satisfies 4A

A Chicago PD investigative alert based on an underlying finding of probable cause satisfies the Fourth Amendment and the state constitution. Prior case law is overruled. People v. Clark, 2024 IL 127838, 2024 Ill. LEXIS 836 (Dec. 19, 2024):

Posted in Probable cause, Seizure | Comments Off on IL: Investigative alert based on an underlying finding of PC satisfies 4A