MA: Def not prejudiced by third party’s response to SW

Posted on September 22, 2022 by Hall

A third party in possession of Medicaid records was served with a search warrant, and appellant complains of the procedural nature of the third party’s response. [Aside from no standing,] Appellant doesn’t even attempt to show that the exclusionary rule should apply, essentially defaulting that issue for lack of argument. Commonwealth v. Kiago, 2022 Mass. App. LEXIS 99 (Sep. 20, 2022):

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E.D.Pa.: On scene seizure for a show-up was reasonable

Posted on September 22, 2022 by Hall

Defendant’s seizure hiding behind a motorcycle for a victim’s ID to determine whether he was involved in a car jacking was reasonable. United States v. Dangerfield-Hill, 2022 U.S. Dist. LEXIS 168306 (E.D. Pa. Sep. 19, 2022).

District court’s injunction against the FBI reviewing product of a seizure under a search warrant reversed. The government shows likelihood of success on the merits and that it and national security were at risk. Courts should not interfere in national security actions and decisions of the Executive Branch. Trump v. United States, 2022 U.S. App. LEXIS 26437 (11th Cir. Sep. 21, 2022).

Defendant had his state motion to suppress heard and denied and affirmed on appeal. That’s enough for Stone; he merely disagrees with the outcome. Soler-Norona v. Nagy, 2022 U.S. Dist. LEXIS 167997 (E.D. Mich. Sep. 16, 2022).*

Plaintiff’s claim against a towing company that included police intervention that police allowed tows to occur when the owner of the vehicle was complaining it was completely unjustified states a § 1983 claim. Robertson v. Breakthrough Towing, LLC, No. 19-10266, 2022 U.S. Dist. LEXIS 168004 (E.D. Mich. Sep. 16, 2022).*

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IL: Smell of burnt MJ in a car in a recreational use state not PC

Posted on September 21, 2022 by Hall

“We hold that the smell of the burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search the vehicle, and the court did not err in granting the motion to suppress. This finding comports with the supreme court’s holding in Hill and its treatment of the analogous situation regarding alcohol. … Thus, the supreme court’s holding in Stout is no longer applicable to post-legalization fact patterns.” Medical came in 2013, and recreational in 2020. People v. Stribling, 2022 IL App (3d) 210098, 2022 Ill. App. LEXIS 406 (Sep. 19, 2022).

Defendant was at her open door when officers told her they had a warrant for her arrest. Rather than comply, she ran into the house discarding a baggie of meth. The entry was on exigent circumstances she could try to remove drugs from herself. The failure to tell her what the arrest was for for 15 minutes was not a constitutional violation. State v. Fenter, 2022-Ohio-3279, 2022 Ohio App. LEXIS 3079 (3d Dist. Sep. 19, 2022).

The alleged false statements in the search warrant affidavit weren’t enough to constitute Brady material or make defendant’s plea involuntary. They appeared in background information and had nothing to do with the probable cause showing. State v. Artuso, 2022-Ohio-3283, 2022 Ohio App. LEXIS 3080 (11th Dist. Sep. 19, 2022).

The search warrant for defendant’s cell phone permitted the seizure of conversations and notes with the child sex abuse victim to establish their relationship. The warrant was particular for the conversation. Commonwealth v. Moser, 2022 PA Super 160 (Sep. 19, 2022).

Posted in Arrest or entry on arrest, Franks doctrine, Hot pursuit, Particularity, Plain view, feel, smell, Probable cause | Comments Off on IL: Smell of burnt MJ in a car in a recreational use state not PC

E.D.Pa.: Searching administratively impounded taxi states 4A claim

Posted on September 21, 2022 by Hall

Plaintiff states a claim against the Philadelphia Parking Authority for detaining his temporarily impounded taxi for a later search without justification. Mbagwu v. PPA Taxi & Limousine Div., 2022 U.S. Dist. LEXIS 167790 (E.D. Pa. Sep. 16, 2022).

A cross-sex strip search of a Muslim inmate stated a claim under Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The rest to be determined on remand. West v. Radtke, 2022 U.S. App. LEXIS 25978 (7th Cir. Sep. 16, 2022).

There was probable cause on the totality for a search without mentioning all the CI’s information. The fact “drugs” aren’t mentioned in the texts isn’t material. “Officers need not hear ‘magic words’ before seeking a warrant. Cf. United States v. Allen, 211 F.3d 970, 975 (6th Cir. 2000) (en banc).” United States v. Dawson, 2022 U.S. App. LEXIS 25980 (6th Cir. Sep. 15, 2022).

Decriminalization of small amounts of marijuana wasn’t legalization, so there was still probable cause for the search. Hall v. State, 2022 Md. App. LEXIS 676 (App. Sep. 15, 2022).*

Posted in Administrative search, Informant hearsay, Prison and jail searches, Seizure, Strip search | Comments Off on E.D.Pa.: Searching administratively impounded taxi states 4A claim

The Crime Report: San Francisco PD Wants Access to Private Surveillance Cameras

Posted on September 20, 2022 by Hall

The Crime Report: San Francisco PD Wants Access to Private Surveillance Cameras (“The San Francisco Board of Supervisors is considering a consequential vote on a proposal from the San Francisco police department that seeks a boost in law enforcement access to privately owned surveillance cameras popping up around the city, reports the San Francisco Standard. The plan could unlock hundreds of the close to 1,000 cameras, in business districts called community benefit districts (CBDs), for live monitoring by SFPD.”)

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MI: Even if using a drone to take pictures in zoning dispute violated 4A, exclusionary rule does not apply, and the action below was remedial not punitive

Posted on September 20, 2022 by Hall

The use of a drone to take pictures by a city contractor in case over a zoning ordinance violation probably did not violate any Fourth Amendment right. But even if it did, the exclusionary rule should not apply in this civil action. Long Lake Twp. v. Maxon, 2022 Mich. App. LEXIS 5544 (Sep. 15, 2022):

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techdirt: Device Searches Have Created A Massive Database Of American Phone Data CBP Agents Can Search At Will

Posted on September 19, 2022 by Hall

techdirt: Device Searches Have Created A Massive Database Of American Phone Data CBP Agents Can Search At Will by Tim Cushing:

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MA: GPS monitoring for probation for a sex offense didn’t serve the stated purpose and was unreasonable

Posted on September 18, 2022 by Hall

Defendant was on probation for a sex offense, and the trial court ordered he wear a GPS monitor for three years as a method of enforcing an “exclusion zone” for the victim’s sake. However, the victim’s location was unknown, so this was an unreasonable condition of probation and didn’t serve the stated purpose. Commonwealth v. Roderick, 2022 Mass. LEXIS 433 (Sep. 16, 2022):

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D.Ariz.: Following for 30 miles not a seizure

Posted on September 18, 2022 by Hall

Following defendant for 30 miles is not a seizure. Finally, there was a consensual encounter. The R&R found it not; the USDJ disagrees. United States v. Ramos, 2022 U.S. Dist. LEXIS 166913 (D. Ariz. Sep. 14, 2022).*

2½ months isn’t stale in a child pornography investigation. United States v. Long, 2022 U.S. Dist. LEXIS 167014 (S.D. Fla. Sep. 14, 2022).*

Defendant’s cell phone was lawfully seized with exigent circumstances, and it was later searched with a warrant. State v. Hudson, 2022-Ohio-3253, 2022 Ohio App. LEXIS 3057 (2d Dist. Sep. 16, 2022).*

The bench warrant for FTA here was based on a finding of probable cause and it satisfied the Fourth Amendment. United States v. Brown, 2022 U.S. Dist. LEXIS 166454 (E.D. Cal. Sep. 14, 2022).*

Posted in Cell phones, Probable cause, Seizure, Staleness | Comments Off on D.Ariz.: Following for 30 miles not a seizure

TN: No IAC: strategic choice to distance def from premises

Posted on September 18, 2022 by Hall

Defense counsel wasn’t ineffective for not challenging the search of the premises. The defense at trial was that defendant was merely a guest who didn’t have control of the stuff found there. To link defendant more to the premises was not a good strategic move. Moreover, the appeal brief cites no law that the search would have been invalid or that he had standing. Champion v. State, 2022 Tenn. Crim. App. LEXIS 412 (Sep. 15, 2022):

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Cal.4th: SW papers for cell site simulators remain under seal because CIs are identified in there

Posted on September 17, 2022 by Hall

EFF sued for access to search warrant materials that led to use of cell site simulators. The court finds that the protection of named CIs in the papers still needs to be protected, and they remain under seal. Electronic Frontier Found. v. Superior Court, 2022 Cal. App. LEXIS 791 (4th Dist. Sep. 15, 2022).

The two year delay in getting a search warrant for defendant’s cell phones was not unreasonable on the totality. Numerous other cases have sustained searches in the face of similar delays. United States v. Magana, 2022 U.S. Dist. LEXIS 166459 (E.D. Cal. Sep. 14, 2022).*

The fact the CI’s source was a mother and not just another snitch isn’t material for Franks purposes. United States v. Bridges, 2022 U.S. App. LEXIS 25847 (3d Cir. Sep. 15, 2022).*

Posted in Cell site simulators, Franks doctrine, Reasonableness, Staleness, Warrant papers | Comments Off on Cal.4th: SW papers for cell site simulators remain under seal because CIs are identified in there

ID & CA3: Two views same day on misdemeanor arrests

Posted on September 17, 2022 by Hall

Defendant was already stopped and the officer suspected DUI. She was handcuffed and transported for a breath test. This was an arrest for a misdemeanor that did not happen in the officer’s presence, and it thus violated the state constitution. State v. Descharme, 2022 Ida. App. LEXIS 15 (Ct. App. Sep. 15, 2022).

No matter what state law says on misdemeanor arrests outside the officer’s presence, the Fourth Amendment controls, not state law. This was reasonable. United States v. Green, 2022 U.S. App. LEXIS 25845 (3d Cir. Sep. 15, 2022).

The dog bite without warning was potentially unreasonable, but the officers get qualified immunity because the case law is not consistent. Thurman v. District of Columbia, 2022 D.C. App. LEXIS 304 (Sep. 15, 2022).*

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E.D.N.Y.: Rental car GPS data not comparable to CSLI; it’s just third-party information

Posted on September 16, 2022 by Hall

Rental car location tracking is significantly different from CSLI. It is purely third-party information. Moreover, the rental car company consented to the taking of the information. United States v. Brown, 2022 U.S. Dist. LEXIS 166119 (E.D.N.Y. Sept. 14, 2022).

The officer’s interpretation of the statute was reasonable even if mistaken, so Heien applies and there is no application of the exclusionary rule. Knapp v. State, 2022 Fla. App. LEXIS 6250 (Fla. 1st DCA Sept 14, 2022).

The stop for a traffic offense was reasonable, and reasonable suspicion developed on the totality to extend it. United States v. Betts, 2022 U.S. Dist. LEXIS 166214 (S.D. Iowa Aug. 8, 2022).*

Posted in Cell site location information, GPS / Tracking Data, Reasonable suspicion, Reasonableness, Third Party Doctrine | Comments Off on E.D.N.Y.: Rental car GPS data not comparable to CSLI; it’s just third-party information

MD: Appointment of state trial judges not 4A violation; they have statewide jurisdiction for SWs

Posted on September 16, 2022 by Hall

Maryland trial judges have statewide jurisdiction for search warrants. Thus, the assignment of judges in Baltimore by the Chief Judge of the state high court violated nothing under the Fourth Amendment. (Without citing Virginia v. Moore. And, even if it did, the good faith exception would apply.) United States v. Poynter, 2022 U.S. Dist. LEXIS 165860 (D. Md. Sept. 13, 2022).

A Montana State Trooper patrolling a highway through an Indian reservation was cross-deputized to enforce tribal law on that highway. The BIA didn’t have to approve this specific officer. His failure to have an identification card did not make the stop unreasonable. United States v. Fowler, 2022 U.S. App. LEXIS 25802 (9th Cir. Sept. 13, 2022).*

2254 petitioner raised the same anticipatory search warrant argument in this proceeding that he lost on in state court: Anticipatory warrants are valid under North Dakota and federal (Grubbs) law. Barred by Stone. Chatman v. Sayler, 2022 U.S. Dist. LEXIS 165256 (D.N.D. Sept. 13, 2022).*

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WaPo: Customs officials have copied Americans’ phone data at massive scale

Posted on September 15, 2022 by Hall

WaPo: Customs officials have copied Americans’ phone data at massive scale by Drew Harwell (“Contacts, call logs, messages and photos from up to 10,000 travelers’ phones are saved to a government database every year.”)
https://www.washingtonpost.com/technology/2022/09/15/government-surveillance-database-dhs/

And weren’t we told when this first started it would only be with reasonable suspicion?

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CA11: Cell phone search mistakenly without a warrant still saved by GFE

Posted on September 14, 2022 by Hall

Defendant was convicted of Hobbs Act robbery, and his cell phone was used against him after it was left in the borrowed getaway car. The cell phone was searched mistakenly without a warrant. When the officer discovered he forgot a warrant, he applied for a warrant and told the judges involved that’s what happened. The good faith exception applies to this warrantless search. (Also, CSLI obtained under existing law two weeks before Carpenter was valid.) United States v. Turner, 2022 U.S. App. LEXIS 25614 (11th Cir. Sep. 13, 2022):

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D.C.Cir.: Question of fact remains on whether PC dissipated before second handcuffing

Posted on September 14, 2022 by Hall

“We reverse the district court’s grant of summary judgment on the false arrest claims for two reasons. First, there is a genuine dispute of material fact as to whether probable cause for the simple assault charge dissipated before Lin was handcuffed a second time and taken involuntarily to the police station. Second, there is a genuine issue of material fact as to the existence of probable cause to arrest Lin for assaulting a police officer.” Lin v. District of Columbia, 2022 U.S. App. LEXIS 25618 (D.C. Cir. Sep. 2, 2022).*

The automobile exception applies because there was probable cause. United States v. Davis, 2022 U.S. Dist. LEXIS 164829 (N.D. Ind. Sep. 13, 2022).*

Defendant’s case was remanded only for resentencing, and he sought to raise a dog sniff issue under Jardines, which he couldn’t do. Herman v. United States, 2022 U.S. App. LEXIS 25635 (6th Cir. Sep. 13, 2022).*

No CoA on petitioner’s 2254 appeal on his Fourth Amendment ineffective assistance of counsel claim because the search was valid. West v. Artis, 2022 U.S. App. LEXIS 25628 (6th Cir. Sep. 12, 2022).*

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S.D.N.Y.: Warrantless seizure of a vehicle to pay fines violates 4A and 14A

Posted on September 13, 2022 by Hall

The warrantless seizure of a vehicle because of owed fines violates the Fourth and Fourteenth Amendments. Santander Consumer USA, Inc. v. City of Yonkers, 2022 U.S. Dist. LEXIS 164416 (S.D.N.Y. Sep. 12, 2022).

Pretrial detainees also have no reasonable expectation of privacy in jail telephone calls. There is a recording at the beginning telling them calls are recorded. Szpila v. Jerome Combs Det. Ctr., 2022 U.S. Dist. LEXIS 158200 (C.D. Ill. Sep. 1, 2022).

“Because the Court concludes that law enforcement in this case had probable cause to arrest Defendant, the Court need not decide whether aspects of the seizure exceeded the bounds of a Terry stop.” United States v. Figueroa, 2022 U.S. Dist. LEXIS 163845 (D.V.I. Sep. 12, 2022).*

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CA8: Two judges question case law on pretext and “driving while black”

Posted on September 13, 2022 by Hall

In denying a petition for rehearing en banc, two of eleven judges of the Eighth Circuit question when pretext can be raised. Saunders v. Thies, 2022 U.S. App. LEXIS 25527 (8th Cir. Sep. 12, 2022), Grasz and Smith dissenting from the denial:

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CT: Action to quash SW before criminal case became moot when charge filed

Posted on September 13, 2022 by Hall

The petitioner sought to quash search warrants when there was no criminal case. After the criminal cases were finally filed, this action was moot because the claim could be brought within the criminal cases. In re Police Case Nos.: Meriden PD 20-003903, 2022 Conn. App. LEXIS 265 (Sep. 6, 2022).

Defendant was present at the scene of a drug deal, but there was nothing other than mere presence that showed probable cause to arrest. United States v. Rimer, 2022 U.S. Dist. LEXIS 158533 (D. Kan. Sep. 1, 2022).

Information from Automated License Plate Readers to put defendant at the scene of a crime violated no reasonable expectation of privacy. The search warrants for his phones were particular. United States v. Graham, 2022 U.S. Dist. LEXIS 163818 (D.N.J. Sep. 12, 2022).

Nervousness of a detainee suggests something to hide and potential for violence, justifying handcuffing. United States v. Chavez, 2022 U.S. Dist. LEXIS 158190 (N.D. Ill. Sep. 1, 2022).

Posted in Motion to suppress, Probable cause, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on CT: Action to quash SW before criminal case became moot when charge filed