CA overrules Tyrell J.; knowledge of probationary status required for probation search

California recognizes that In re Tyrell J. not requiring knowledge of probationary status before a probation search has been undermined to the point it should be overruled, particularly in light of Samson v. California. Knowledge of probationary status is required to prevent overbearing and harassing searches. In re Jaime P., 40 Cal. 4th 128, 51 Cal. Rptr. 3d 430 (November 30, 2006).

Habeas petitioner loses on the merits of an ineffective assistance on a search claim because he could not win on the merits. (The convoluted AEDPA formula of “clearly established” case law did not even have to enter into it.) Mosby v. Senkowski, 470 F.3d 515 (2d Cir. November 30, 2006).*

Doctor and his wife sued LVMPD for a false arrest. He claimed that the officers did not properly identify themselves before the arrest. A fact question remained for trial, and the district court improperly granted QI. Vlasak v. Las Vegas Metropolitan Police Department, 213 Fed. Appx. 512 (9th Cir. 2006)* (unpublished).

Exigent circumstances for hot pursuit into plaintiff’s backyard to arrest for misdemeanor fleeing from a fight is a fact question for the jury in this case. Thorne v. Steubenville Police Officer, 2006 U.S. Dist. LEXIS 86059 (S.D. Ohio November 28, 2006).*

Ongoing activity makes information for a search warrant not stale. United States v. Allen, 2006 U.S. Dist. LEXIS 86185 (D. Utah November 15, 2006).*

Not on point, but interesting, is a California Court of Appeals case holding that a motel room is a “habitation” for purposes of the burglary statute, citing Fourth Amendment cases. People v. Villalobos, 145 Cal. App. 4th 310, 51 Cal. Rptr. 3d 678 (4th Dist. November 30, 2006):

The concept of the right to privacy in a hotel room as arising from its status as a sleeping place analogous to the home is recognized in the context of Fourth Amendment search and seizure law as well. “We are at our most vulnerable when we are asleep because we cannot monitor our own safety or the security of our belongings. It is for this reason that, although we may spend all day in public places, when we cannot sleep in our own home we seek out another private place to sleep, whether it be a hotel room, or the home of a friend. Society expects at least as much privacy in these places as in a telephone booth–‘a temporarily private place whose momentary occupants’ expectations of freedom from intrusion are recognized as reasonable,’ [citation].” (Minnesota v. Olson (1990) 495 U.S. 91, 99, 109 L. Ed. 2d 85; see also Stoner v. State of Cal. (1964) 376 U.S. 483, 489, 11 L. Ed. 2d 856 [guest in a hotel room receives the same constitutional protections against unreasonable search and seizures as a person in his or her house].)