OH1: Failure to show nexus is a lack of PC; “minimally sufficient nexus” for GFE is different

The affidavit in support of the warrant here failed to show nexus to defendant’s place in the drug offense. And, nexus for probable cause and “minimally sufficient nexus” for the good faith exception are different things. State v. Johnson, 2024-Ohio-1147, 2024 Ohio App. LEXIS 1076 (1st Dist. Mar. 27, 2024) n.1:

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S.D.Ohio: Def’s 50% downward departure on USSG sentencing range makes IAC for not arguing 4A at sentencing moot; harmless error at worst

Where defendant got a 50% downward USSG departure for a 360-life offense, he received no ineffective assistance of counsel for failure to argue a firearm should have been suppressed that led only to a 2 point USSG enhancement. United States v. Dickey, 2024 U.S. Dist. LEXIS 53809 (S.D. Ohio Mar. 26, 2024).*

“The State therefore offered Lewis a procedure by which he could assert his Fourth Amendment claims, and he availed himself of that procedure. ‘That suffices to preclude review of the claim through a habeas corpus petition under Stone v. Powell.’ Good, 729 F.3d at 640. Accordingly, reasonable jurists would not debate the district court’s denial of Lewis’s Fourth Amendment claims.” Lewis v. Rewerts, 2024 U.S. App. LEXIS 7162 (6th Cir. Mar. 26, 2024).*

Officers stopping defendant saw a firearm in the car. Getting him out, handcuffing him, and putting him in a patrol car was with reasonable suspicion. United States v. Hardy, 2024 U.S. Dist. LEXIS 53110 (N.D. Ill. Mar. 26, 2024).*

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CA3: Inference of nexus to property in drug cases

Inference of nexus to property drug cases in CA3: “[T]he Third Circuit has established a test for district courts to assess the reasonableness of such an inference—the so-called Burton standard. The ‘application of this inference is based on evidence supporting three preliminary premises: (1) that the person suspected of drug dealing is actually a drug dealer; (2) that the place to be searched is possessed by, or the domicile of, the dealer; and (3) that the home contains contraband linking it to the dealer’s drug activities.’ United States v. Burton, 288 F.3d 91, 104 (3d Cir. 2002). [¶] Applying these three prongs, the Court finds that the affidavit supporting the search warrant here established the requisite nexus between the evidence sought and Mr. Adam’s home.” United States v. Adam, 2024 U.S. Dist. LEXIS 53459 (W.D. Pa. Mar. 26, 2024).*

Franks motion would fail without a hearing. “Defendant has proffered no evidence to support the position that the Government believed that its application had any errors or that it misled or deceived Judge Robreno, who presided over the search warrant application.” No ineffective assistance of counsel. United States v. Coles, 2024 U.S. Dist. LEXIS 53396 (E.D. Pa. Mar. 26, 2024).*

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Iowa does not recognize state constitutional torts; here excessive force

Iowa does not recognize state constitutional torts; here excessive force. “Krystal Wagner, individually and as the administrator of the estate of her son, Shane Jensen, appeals the district court decision granting summary judgment to the State and Officer William Spece (together referred to as the State) on her constitutional tort claims. Following recent Iowa Supreme Court precedent, we conclude that Wagner’s constitutional tort claims are no longer actionable. See Burnett v. Smith, 990 N.W.2d 289, 307 (Iowa 2023).” Wagner v. State, 2024 Iowa App. LEXIS 269 (Mar. 27, 2024).

Plaintiff was in a state court tax dispute, and her tax returns were sought, which were not produced. The case was dismissed as a sanction. [Aside from the obvious issue preclusion issues;] She fails to state a claim for a Fourth Amendment violation against the tax department lawyer. Also, her being ordered to briefly stay during a state court hearing to sign a release form wasn’t a seizure. Bowman v. Friedman, 2024 U.S. App. LEXIS 7199 (10th Cir. Mar. 27, 2024).*

The defendant officers lawfully entered plaintiff’s house for crisis intervention. Jones v. Thomas, 2024 U.S. App. LEXIS 7073 (3d Cir. Mar. 26, 2024).*

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CA3: Not giving ID didn’t give PC to arrest after illegal stop

“The District Court nevertheless determined that there was no constitutional violation because the officers had the right to arrest the Appellants under New Jersey law for failing to provide identification. But that conclusion puts an alleged violation of state law after the alleged violation of constitutional law.” The district court is reversed; a claim was stated. Mouzone v. Ahlert, 2024 U.S. App. LEXIS 7196 (3d Cir. Mar. 27, 2024).

Complaint didn’t state sufficient facts to sue the city for alleged Fourth Amendment violations: “Sure, the City has evidence of 207 instances of current instances of code violations. And, for purposes of municipality liability, evidence of 207 instances is probably enough to constitute a widespread practice if they are similar instances. But the plaintiffs don’t provide enough—or any—factual detail in these 207 instances to show that these instances are similar to what occurred in at plaintiff’s properties. Perhaps in these instances the property owners consented to a code search. Perhaps the City had administrative warrants to perform a code search. Perhaps the City had a valid exception to the warrant requirement. Or perhaps the portion of these other properties wasn’t “searched” because there is no reasonable expectation of privacy where the alleged search occurred. Point being, the plaintiffs’ 207 instances in their complaint lack the ‘specific facts … point[ing] to the specific violation in question.’ Therefore, the Court dismisses plaintiffs’ section 1983 claim against the City.” Arterra Apartments, LLC v. City of Dallas, 2024 U.S. Dist. LEXIS 53543 (N.D. Tex. Mar. 26, 2024).*

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E.D.N.Y.: Public employee labor union contract can consent to drug testing of members

“Despite Fourth Amendment implications, ‘a public employee union acting as the exclusive bargaining agent may consent to drug testing on behalf of the employees it represents.’” (quoting Bolden v. SEPTA, 953 F.2d 807, 828 (3d Cir. 1991). Dolginko v. Long Island Rail Rd., 2024 U.S. Dist. LEXIS 54238 (E.D.N.Y. Mar. 26, 2024).

GPS information putting defendant blocks away was available to the officer drafting the “confusingly written” search warrant, but not looking and relying on other information wasn’t a false statement or an omission with reckless disregard. United States v. Hawthorne, 2024 U.S. Dist. LEXIS 52304 (N.D. Ind. Mar. 25, 2024).*

A Salvation Army employee or volunteer saying “call the police” on plaintiff was not joint action for Fourth Amendment purposes. Van Horn v. Salvation Army, 2024 U.S. Dist. LEXIS 52411 (D. Kan. Mar. 25, 2024).*

“Defendant does not retain a Fourth Amendment privacy interest in a buccal swab sample after it is taken ….” People v. J.C., 2024 NY Slip Op 50307(U), 2024 NYLJ LEXIS 925 (Putnam Co. Mar. 13, 2024).*

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TN: Owner of cell phone doesn’t need to be known for SW for it

Search warrants are directed at things and information, and the fact officers didn’t know the owner of the cell phone didn’t mean the warrant was invalid. The phone revealed internet searches about a homicide before it was public knowledge. State v. Jones, 2024 Tenn. Crim. App. LEXIS 125 (Mar. 25, 2024).

Defendant’s Franks motion fails because there’s really nothing materially false. Officers in fact had an arrest warrant for him, too. United States v. McCormick, 2024 U.S. Dist. LEXIS 51844 (E.D.N.C. Mar. 22, 2024).*

The USMJ didn’t look at the alleged child pornography images, and they were described. The warrant was at least relied upon in good faith. “After combining these facts with the two Dost factors that are present, it is a close question as to whether the warrant provided sufficient detail to enable a magistrate judge to conclude that the image was CSAM. Since ‘the resolution of doubtful or marginal cases … should largely be determined by the preference to be accorded to warrants,’ I ultimately do not need to decide this issue as the good-faith exception applies even if probable cause did not exist.” United States v. Casher, 2024 U.S. Dist. LEXIS 51891 (M.D. Pa. Mar. 22, 2024).*

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GFR: Feds Demand Identity Of YouTube Users Who Watched Certain Videos

Giant Freakin Robot: Feds Demand Identity Of YouTube Users Who Watched Certain Videos by April Ryder (“Federal authorities in the U.S. have ordered that Google hand over tens of thousands of names, addresses, phone numbers, and user activity information for the accounts of people who watched a specific YouTube video between the dates of January 1 and 8, 2023. Users who viewed the video without being logged in will be investigated via their IP addresses.”)

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W.D.Wash.: DNA warrant isssued with PC not quashed before execution

Because there is probable cause for defendant’s DNA warrant, the court declines to quash it before execution, let alone even discuss what the standard would be to do so. United States v. Campbell, 2024 U.S. Dist. LEXIS 53075 (W.D. Wash. Mar. 25, 2024).

In defendant’s motion to withdraw his plea, he included an allegation there were Fourth Amendment defenses to the evidence against him, but nothing is provided to substantiate it. Denied. State v. Warren, 2024-Ohio-1072 (6th Dist. Mar. 22, 2024).*

“When the facts are construed in Mitchell’s favor, a reasonable officer in Wilkey or Brewer’s shoes would have understood that tackling and punching (Wilkey) or hitting and kneeing (Brewer) a handcuffed arrestee who posed no immediate threat to safety, was generally compliant, and was not actively resisting, would violate the Fourth Amendment.” Plaintiff’s strip search for drugs, however, was reasonable. Claim dismissed as to that, reversed as to excessive force. Mitchell v. Hamilton Cty., 2024 U.S. App. LEXIS 6923 (6th Cir. Mar. 21, 2024).*

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S.D.Ohio: Defense of denial of possession in drug case meant no assertion of standing to challenge the search, so no IAC

Since the defense was not my dope, not filing a motion to suppress where standing would have to be pled and shown was not ineffective assistance of counsel. United States v. Robinson, 2024 U.S. Dist. LEXIS 52526 (S.D. Ohio Mar. 25, 2024).

A Shotspotter report brought officers to the scene, and a man yelled “they went that way” and defendant was running away. That was reasonable suspicion. United States v. Aguilera, 2024 U.S. Dist. LEXIS 51636 (N.D. Cal. Mar. 22, 2024).*

The stop and frisk of defendant’s companion on the street that lasted 30 seconds did not involve defendant. Indeed, the officers didn’t even talk to him at the time. Defendant’s own stop later did involve reasonable suspicion. The court notes the bodycam video shows the L shaped object the officers thought was a gun on him. He argues Bruen made it legal, but the court also notes that he acted suspiciously, like he knew not to have a gun. United States v. Torres, 2024 U.S. Dist. LEXIS 51490 (S.D.N.Y. Mar. 22, 2024).*

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N.D.Okla.: Anticipatory tracking warrant for money counter is without authority and nexus is speculative even if not

The government’s request for an anticipatory tracking warrant for a money counter is denied. First, there’s no apparent authority for such a warrant. Second, the government fails to show nexus. Finally, the court also thinks it speculative whether the conditions will occur. In re Tracking of a DEA-Owned Cummins Allison Brand Money Counter (The Subject Device), 2024 U.S. Dist. LEXIS 52117 (N.D. Okla. Mar. 25, 2024):

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CA9: Supervised release condition of financial disclosure permitted under 18 U.S.C. § 3553(a) and didn’t violate 4A

“Second, the financial disclosure condition does not clearly violate the Fourth Amendment’s requirement that release conditions be reasonably necessary and narrowly tailored. See United States v. Sales, 476 F.3d 732, 737 (9th Cir. 2007). We have upheld a substantially similar financial disclosure condition as ‘reasonably related to the factors set forth in 18 U.S.C. § 3553(a)’ and ‘involv[ing] no greater deprivation of liberty than is reasonably necessary’ on the rationale that financial reporting deters future crime by helping probation officers monitor the defendant and detect suspicious use of funds. United States v. Garcia, 522 F.3d 855, 861-62 (9th Cir. 2008). The district court did not plainly err in applying the same rationale here.” United States v. Cook, 2024 U.S. App. LEXIS 6985 (9th Cir. Mar. 25, 2024).

2255 petitioner contends his attorney didn’t properly defend against an illegal search. That was litigated, and the allegation it wasn’t sufficient is conclusory. United States v. Waugh, 2024 U.S. Dist. LEXIS 51250 (E.D. Okla. Mar. 22, 2024).*

2255 petitioner contends his attorney didn’t properly claim that the search warrant papers were tampered with. That’s waived by his guilty plea. Fitts v. United States, 2024 U.S. Dist. LEXIS 51392 (W.D. Tenn. Mar. 22, 2024).*

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N.D.Ohio: Refusing discovery on 4A grounds in forfeiture case results in no standing

On remand from the Sixth Circuit in this forfeiture case on the question of standing, claimant asserted Fourth Amendment privilege to all discovery requests about his standing to claim the money. The court finds no facts for standing means no standing. United States v. $774,830.00 in United States Currency, 2024 U.S. Dist. LEXIS 51965 (N.D. Ohio Mar. 25, 2024), on remand from United States v. $774,830.00 in U.S. Currency, 2023 U.S. App. LEXIS 3624 (6th Cir. Feb. 13, 2023).

This search warrant in a fraud case is particular because of incorporated documents and limiting the search to records of nine entities. United States v. Yanping Wang, 2024 U.S. Dist. LEXIS 51531 (S.D.N.Y. Mar. 22, 2024).*

Plaintiff, an alleged school bully, was told to remove his shoes and sweatshirt to look for banned items from school. This was not a strip search, as it was alleged, and it was justified and reasonable. Having decided that, qualified immunity doesn’t even have to be decided. Vlahopolous v. Roslyn Union Free Sch. Dist., 2024 U.S. Dist. LEXIS 51625 (E.D.N.Y. Mar. 22, 2024).*

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thedrive.com: Police Are Tagging Fleeing Cars With GPS Darts to Avoid Dangerous Pursuits

thedrive.com: Police Are Tagging Fleeing Cars With GPS Darts to Avoid Dangerous Pursuits by Nico DeMattia (“The launchers are typically mounted to the front of cop cars and can fire darts at up to 30 mph.”). [Exigency, like an emergency cell phone ping.]

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CO: School search of serial offender under firearms “safety plan” was reasonable

The juvenile here was searched for weapons three days into his sophomore year. He was known to bring firearms to school, and his family and the school developed a “safety plan” to permit searches, which happened most of the freshman year. It was three days into the sophomore year before he was finally searched, and a gun was found. He was sent to juvenile court. The search was reasonable under T.L.O. and not just based on his criminal history. People in Interest of J.G., 2024 CO 16, 2024 Colo. LEXIS 240 (Mar. 25, 2024):

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NYU L. Rev.: If Wheels Could Talk: Fourth Amendment Protections Against Police Access to Automobile Data

Nicole Mo, If Wheels Could Talk: Fourth Amendment Protections Against Police Access to Automobile Data, 98 NYU L. Rev. 2232 (Dec. 2023):

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Reason: Stop Your Car From Spying on You

Reason: Stop Your Car From Spying on You by J.D. Tuccille (“Modern cars are smartphones on wheels, but with less protection for your data.”):

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VA Lawyers Weekly: Officials denied immunity for strip searching jail nurse

Virginia Lawyers Weekly: Officials denied immunity for strip searching jail nurse by Nick Hurston (Mar. 24, 2024) (“Prison officials who strip searched a jail nurse were not entitled to qualified immunity because mistaking her for an inmate was unreasonable and her right to be free from unreasonable strip searches was clearly established, the 4th U.S. Circuit Court of Appeals has held. [¶] The officers argued that misidentifying the nurse as an inmate meant they didn’t need individualized suspicion that she possessed contraband to conduct a strip search. [¶] Chief U.S. Circuit Judge Albert Diaz said the officers’ error was unreasonable; their subjective belief was immaterial.”). The case was decided a month ago.

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OH1: Opening car door for officer safety here without RS; sweep of car unreasonable

Defendant in his car in a high crime area with overly tinted windows was not reasonable suspicion. Any furtive movements were attributed to the officer opening the door to see in the car for officer safety. The protective sweep of the car was unreasonable. Citing a 1990 state case, the good faith exception doesn’t apply to reasonable suspicion. State v. Williams, 2024 Ohio App. LEXIS 1009 (1st Dist. Mar. 22, 2024).

Defendant’s arrest for domestic violence was with probable cause so the trial court is reversed. State v. Gipp, 2024-Ohio-1076 (2d Dist. Mar. 22, 2024).*

The affidavit for warrant here showed probable cause to believe defendant was involved in a large-scale drug operation, and nexus was shown to his home. “Finally, Tatum’s motion does not contend that the agents and officers executing the search warrant lacked a good faith reliance on the warrant. But even assuming arguendo that the affidavit was somehow lacking, the officers executing the search warrant were acting in reasonable and good faith reliance on it.” United States v. Tatum, 2024 U.S. Dist. LEXIS 51432 (E.D. Mo. Feb. 26, 2024).*

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OH4: Off-duty police officer can make a traffic stop

An off-duty police officer has the authority to make a traffic stop. Defendant cites no law that says they can’t. In addition, he had probable to make the stop. State v. Netter, 2024-Ohio-1068, 2024 Ohio App. LEXIS 997 (4th Dist. Mar. 20, 2024).

Plaintiff’s excessive force claim in jail fails for lack of clearly established law. Farris v. Oakland Cty., 2024 U.S. App. LEXIS 6838 (6th Cir. Mar. 22, 2024).*

Defendant’s post-conviction claim that his defense counsel didn’t obtain the search warrant materials so they could evaluate them didn’t state a claim. [In addition, there’s nothing in the opinion about whether the claim would be any good.] Reyburn v. State, 2024 Fla. App. LEXIS 2208 (Fla. 5th DCA Mar. 22, 2024).*

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