Daily Archives: January 10, 2025

E.D.Mo.: No claim where no damages shown for alleged unreasonable dog sniff; nothing was found, detention was otherwise reasonable

Officers were surveilling a van that they believed might have a connection to an unsolved homicide. They observed what appeared to be hand-to-hand drug transactions, and the van’s LPN was expired. They approached. There were others around the van, and … Continue reading

Posted in § 1983 / Bivens, Consent, Dog sniff, Prison and jail searches, Reasonable suspicion, Reasonableness, Surveillance technology | Comments Off on E.D.Mo.: No claim where no damages shown for alleged unreasonable dog sniff; nothing was found, detention was otherwise reasonable

WI: Not coercive to tell def officer will get SW if he doesn’t consent when there is PC

It’s not coercive to tell a suspect that the officer will get a search warrant if he doesn’t consent when there’s probable cause. State v. Gore, 2025 Wisc. App. LEXIS 7 (Jan. 7, 2025). There was probable cause for defendant’s … Continue reading

Posted in Consent, Probable cause, Qualified immunity | Comments Off on WI: Not coercive to tell def officer will get SW if he doesn’t consent when there is PC

CA4: Ditching backpack when hiding from police was abandonment

Defendant abandoned his backpack when he ditched it in a motel stairwell when he was fleeing the police. United States v. Mayberry, 2025 U.S. App. LEXIS 300 (4th Cir. Jan. 7, 2025). Leaving one’s backpack and a trashbag in the … Continue reading

Posted in Abandonment, Ineffective assistance, Informant hearsay, Rule 41(g) / Return of property | Comments Off on CA4: Ditching backpack when hiding from police was abandonment