“Powell does not specify a particular test for determining whether a state provided a defendant with an opportunity for full and fair litigation of a Fourth Amendment claim. To aid in determination of this question, federal district courts in the Ninth Circuit review the transcripts and briefing from the state trial and appellate courts.” Milton v. Valley, 2024 U.S. Dist. LEXIS 20979 (D. Idaho Feb. 5, 2024).
Defendants removed plaintiffs’ children by consent and a court order was obtained after a couple of weeks. In the interim, the consent was revoked. No clearly established law violated. “Relevant caselaw outlines two bookends to a spectrum. At one end, where state employees remove children from their parents’ care without a valid court order and without either parental consent or pre-removal process, the state workers violate either the Fourth or Fourteenth Amendment—or both. … At the other end, though, where state workers receive parental consent to temporarily remove children from custody, the state employees do not violate any constitutional rights, even if they do not obtain a court order or follow any other process for the removal. … The Bambachs’ claims sit somewhere in the middle.” Bambach v. Moegle, 2024 U.S. App. LEXIS 2971 (6th Cir. Feb. 8, 2024).*
Officers used a search warrant to get information about posts to defendant’s Instagram account for the phone from which it came, and then tied the phone to the scene of the crime. The affidavit was not misleading. State v. Woods, 2024-Ohio-467 (8th Dist. Feb. 8, 2024).*