CA5: A dead man is not one of the “people” of the 4A

The estate of a dead man has no Fourth Amendment claim for a search warrant allegedly unreasonably obtained after the death for aggravated assault by the deceased allegedly “‘as a pretext for investigation into [Mr.] Blanchard’s history’ and to ‘besmirch [Mr. Blanchard] in the community and the media.’” Blanchard-Daigle v. Geers, 2020 U.S. App. LEXIS 4563 (5th Cir. Feb. 12, 2020). (Notes: (1) There are plenty of reasons to continue an investigation after death, and police don’t always know who else might have an interest in the place to be searched. (2) There was also an award of attorneys fees to the defense for a frivolous case that at least times couldn’t be amended to state a claim.)

Defendant and others were involved in a dice game on a Cleveland sidewalk. Police with the Gang Impact Unit drove up with lights and sirens and some of the group walked away. One man passed by the porch of the house fumbling with his waistband and dropped a gun. Defendant was nearby and the officers ordered him away from the gun so they could secure it, and he seemingly ignored them. His frisk then was permissible, and the motion to suppress was improperly granted. State v. Thompson, 2020-Ohio-486, 2020 Ohio App. LEXIS 443 (8th Dist. Feb. 13, 2020).*

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