Minor errors in the paperwork for the warrant were not prejudicial to defendant. There was no challenge to probable cause, and the papers as a whole show the warrant timely executed after issuance. Jenkins v. State, 2022 Miss. App. LEXIS 227 (July 19, 2022).
Defense counsel wasn’t ineffective for not filing a motion to suppress that would not succeed. Lopez v. State, 2022 Miss. App. LEXIS 228 (App. July 19, 2022).*
“To pull over a vehicle, the police do not have to suspect the crime of the century. Even a broken tail light or some other modest traffic violation will do.” “The existence of a mistake does not mean that the traffic stop was necessarily out of bounds. It wouldn’t delegitimize the stop even if Officer Cabello was mistaken. The Fourth Amendment requires reasonable suspicion, not certitude and perfection. It is enough if the officer reasonably believed that he witnessed a driving violation.” United States v. Avila, 2022 U.S. Dist. LEXIS 127668 (N.D. Ill. July 19, 2022).*
Absolute prosecutorial immunity does not apply to failure to recall a material witness warrant that caused a voluntary witness to be arrested later. Kassa v. Fulton Cty., Ga., 2022 U.S. App. LEXIS 19762 (11th Cir. July 18, 2022).
There was probable cause from CI information defendant was selling drugs from his residence and then controlled buys from there, the last 72 hours before the warrant issued. The information was not stale. Jackson v. State, 2022 Tex. App. LEXIS 4920 (Tex. App. – Houston (1st Dist.) July 19, 2022).*
Defendant was found asleep by an irrigation canal, and he awoke and tried to leave. The officer was able to at least inquire for a welfare check, but defendant wanted to leave, but he wouldn’t let him. The subsequent patdown was unreasonable. State v. Hollist, 2022 Ida. LEXIS 87 (July 19, 2022).*
There was probable cause within the four corners of the affidavit for search warrant. State v. Marion, 2022-Ohio-2480, 2022 Ohio App. LEXIS 2346 (5th Dist. July 19, 2022).*
Defendant was handcuffed during a traffic stop for officer safety, and the officer’s on the street questions were not custodial for Miranda purposes. United States v. Coulter, 2022 U.S. App. LEXIS 19751 (5th Cir. July 18, 2022).
This protective sweep was valid, and, even if it wasn’t, the later warrant was attenuated from it. United States v. Thurman, 2022 U.S. App. LEXIS 19757 (5th Cir. July 18, 2022).*
“[S]ince we conclude that independent reasonable suspicion supported both the traffic stop and the drug investigation, there was no unlawful prolongation of the stop.” United States v. Ceja, 2022 U.S. App. LEXIS 19802 (9th Cir. July 18, 2022)
There was reasonable suspicion of impaired driving justifying defendant’s stop. State v. Sinquell-Gainey, 2022 VT 19, 2022 Vt. LEXIS 35 (July 18, 2022).*
Defendant’s Facebook post and his past supported reasonable suspicion for his stop and frisk of his fanny pack at a fair. He was a known member of a violent gang with a felony conviction, his house had been recently shot at, and his recent Facebook post strongly implied something would happen there. United States v. Gist-Davis, 2022 U.S. App. LEXIS 19733 (4th Cir. July 18, 2022).
Doing a warrants check of officer safety on occupants of an apartment during a knock-and-talk about a disturbance complaint was not unreasonable. State v. Kolle, 2022-Ohio-2459, 2022 Ohio App. LEXIS 2329 (12th Dist. July 18, 2022).
Failure to include a forfeiture specification in the charging document precluded an order for destruction of firearms. State v. Humphrey, 2022-Ohio-2456, 2022 Ohio App. LEXIS 2339 (12th Dist. July 18, 2022).*
Defendant’s actions justified a stop and frisk at gunpoint, and it was still a mere detention and not an arrest. United States v. Olson, 2022 U.S. App. LEXIS 19744 (7th Cir. July 18, 2022):
The use of an CPD “investigative alert” to arrest defendant was unreasonable and a violation of the Fourth Amendment (but harmless on the totality). People v. Smith, 2022 IL App (1st) 190691, 2022 Ill. App. LEXIS 329 (July 18, 2022).
Defendants were arrested on the high seas by the Coast Guard near the Galapagos Islands off Ecuador. They were transferred to Long Beach then San Diego, but Miami was closer. It took 23 days to get them to court under Rule 5. Their motion to dismiss the indictment for unreasonable delay was properly denied. They don’t really even contend it was that unreasonable. United States v. Dominguez-Caicedo, 2022 U.S. App. LEXIS 19723 (9th Cir. July 18, 2022).*
Pre-Carpenter CSLI was lawfully obtained under the SCA and with good faith. United States v. Scarfo, 2022 U.S. App. LEXIS 19690 (3d Cir. July 15, 2022).*
A cell phone dump after a search warrant wasn’t necessarily overbroad, and didn’t show it. “More particularity was impractical, and was not required.” United States v. Nelson, 2022 U.S. Dist. LEXIS 125994 (D. Md. July 15, 2022).
Officers who used “trickery” to friend defendant and get access to his “private” Facebook page didn’t violate the Fourth Amendment. If he has a First Amendment claim for political retaliation, that’s for a civil case. United States v. Randall, 2022 U.S. Dist. LEXIS 125971 (W.D. Wis. May 23, 2022).
“Consequently, it does not appear that the affiant made any statements in reckless disregard for the truth, let alone false statements in the GPS Tracking Warrant and Dodge Search Warrant affidavits.” United States v. McLeod, 2022 U.S. Dist. LEXIS 125867 (D.N.J. July 15, 2022).*
The affidavit shows probable cause based on the regular corroborated informant’s story. Even if not, it was enough for the good faith exception. United States v. Garcia, 2022 U.S. Dist. LEXIS 125892 (S.D. Ga. June 28, 2022).*
The justification for a nighttime search warrant was insufficient as a matter of law. The mere presence of people in the house is not exigency. State v. Harrison, 2022 Del. Super. LEXIS 302 (July 14, 2022).
The USMJ found defendant did not have standing, but he did. He was the driver with permission. Still, the vehicle search was valid under the automobile exception. United States v. Ewing, 2022 U.S. Dist. LEXIS 124758 (W.D. Tenn. July 14, 2022).*
Plaintiff’s § 1983 claim a cell-site simulator was used in this criminal case is barred by Heck. Jones v. District of Columbia, 2022 U.S. App. LEXIS 19551 (D.C. Cir. July 14, 2022).
The question is whether the dog sniff added to the stop, and here it did not. It was complete well before the stop was separately completed. State v. Sunkle, 2022-Ohio-2442, 2022 Ohio App. LEXIS 2303 (5th Dist. July 15, 2022).*
The alleged false statements were not material to the finding of probable cause. Sorrow v. City of Atlanta, 2022 U.S. App. LEXIS 19604 (11th Cir. July 15, 2022).*
The state constitutional amendment legalizing recreational marijuana created a privacy interest in one’s car from a dog sniff for drugs on only reasonable suspicion. The good faith exception does not apply. People v. Lopez, 2022 COA 70M, 2022 Colo. App. LEXIS 1067 (June 30, 2022). As to the state’s reasonable suspicion argument, it is undeveloped:
Plaintiff is a self-described “constitutional lawyer,” and his claim the search warrant for phone wasn’t particular enough or that he had a right to see the warrant to point out defects to the officer before execution is denied. It was; he doesn’t (and effectively admitted it). Eastman v. United States, 2022 U.S. Dist. LEXIS 125896 (D.N.M. July 15, 2022):
Bloomberg: ACLU Blasts Homeland Security Agency for Use of Location Data by Ellen M. Gilmer (“Civil liberties advocates are accusing the Department of Homeland Security of skirting the Fourth Amendment by buying access to people’s cellphone location data.”)
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The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.
No case says that failure to file a search warrant before it is executed violates the Fourth Amendment (or state law, not that state law matters in federal court). United States v. Dixon, 2022 U.S. App. LEXIS 19457 (6th Cir. July 13, 2022).
In a probation revocation proceeding, defendant’s Fourth Amendment claim on one specification is moot because another supports revocation. Latimer v. State, 2022 Tex. App. LEXIS 4750 (Tex. App. – Beaumont July 13, 2022).*
There was probable cause for the warrant. Defendant’s overbreadth argument about seizing electronics in the search is moot because the government isn’t using any at trial. United States v. Harmon, 2022 U.S. Dist. LEXIS 124610 (D. Del. July 14, 2022).*
Posted inOverbreadth, Warrant papers|Comments Off on CA6: No 4A requirement to file SW before execution
Defendant seeks suppression of the CI’s identification of him within the search warrant process, which the court declines to do. Due process issues with identification are trial issues, not Fourth Amendment motion to suppress issues. “Either remedy, exclusion of the identification or testing the identification by traditional methods, relates to the admissibility of the identification at trial.” Besides, the officers made their own independent identification. Nexus to defendant’s residence was established by surveillance showing him leaving his house and heading to the meet for the controlled buy. United States v. Smith-Wilson, 2022 U.S. Dist. LEXIS 124481 (E.D. Tenn. June 24, 2022).
“Defendant simply asserts he was illegally arrested the moment law enforcement made contact with him, and incriminating evidence was recovered in the bushes outside someone else’s residence by law enforcement shortly thereafter, but otherwise offers no facts to establish the requisite nexus between the claimed constitutional violation and the challenged evidence. … [¶] And, had Defendant’s detention not occurred, task force agents still would have been free to search the bushy area to recover any evidence they found there. Defendant does not claim he lived at Kashaun’s residence or otherwise assert he has any possessory interest or other reasonable expectation of privacy in the bushy area of the property to establish he has standing to challenge the search of that area.” United States v. Culberson, 2022 U.S. Dist. LEXIS 122356 (D. Neb. May 26, 2022).*
NYLJ: Commentary: The Constitution and the ‘Right to Privacy‘ (“In overruling ‘Roe’ and ‘Casey’, the new majority in the Supreme Court holds that there is no Constitutional ‘right to privacy.'”)
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There was reasonable suspicion for defendants’ stop. The subsequent inventory was facially valid because it followed departmental policy. “That Detective Parks happened upon contraband in the course of this search does not transform an otherwise valid inventory search into a violation of the Fourth Amendment.” United States v. Williams, Nos. 2022 U.S. App. LEXIS 19260 (8th Cir. July 13, 2022).*
There was probable cause in the affidavit for search warrant for taking defendant’s DNA while in the hospital. United States v. Smith, 2022 U.S. App. LEXIS 19248 (3d Cir. July 12, 2022).*
Plaintiff’s Fourth Amendment claim against a bank fails for lack of state action. Moore v. Capital One Bank (USA), N.A., 2022 U.S. Dist. LEXIS 123221 (S.D.N.Y. July 12, 2022).*
The record supports the district court’s finding of abandonment of a backpack. United States v. Ussery, 2022 U.S. App. LEXIS 19256 (8th Cir. July 13, 2022).*
Posted inAbandonment, Inventory|Comments Off on CA8: Inventory was reasonable despite officer expecting to find drugs
The search warrant was particular and not overbroad. The subject matter of the investigation sufficiently limited the search even though time wasn’t otherwise specified. United States v. Hugger, 2022 U.S. Dist. LEXIS 123081 (S.D. Fla. July 12, 2022):
A law enforcement officer’s creation of a ghost Facebook account to access defendant’s private pages violated no reasonable expectation of privacy. United States v. Randall, 2022 U.S. Dist. LEXIS 122615 (W.D. Wis. July 12, 2022), and more elaborate than I would have given:
“‘[T]he question … is whether [the officer] reasonably believed that he saw a traffic violation, not whether [the defendant] actually violated the [law].’ Cole, 21 F.4th at 428.” United States v. Yang, 2022 U.S. App. LEXIS 19125 (7th Cir. July 12, 2022).
Defendant’s “objections [to the R&R] are minimal. He ‘objects to the Magistrate [Judge]’s finding [that] there were other bases of probable cause to stop [the] vehicle’ and that ‘he lacked standing to challenge the search of his vehicle” because of any abandonment. Def.’s Objs. at 1-2. Rojas Duque cites no case law and makes no additional argument as to why Judge Larkins’ findings or conclusions are erroneous.” United States v. Duque, 2022 U.S. Dist. LEXIS 122055 (N.D. Ga. July 11, 2022).
Whether a Canadian seizure of documents and ultimate search in the United States violated the Fourth Amendment doesn’t matter here because it would be harmless error. United States v. Kachkar, 2022 U.S. App. LEXIS 19124 (11th Cir. July 12, 2022).*
"If it was easy, everybody would be doing it. It isn't, and they don't." —Me
"Life is not a matter of holding good cards, but of playing a poor hand well." –Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others)
“I am still learning.” —Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)).
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848)
"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced." —Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).
"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence." —Mapp v. Ohio, 367 U.S. 643, 659 (1961).
"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment."
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today." — Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
"The great end, for which men entered into society, was to secure their property." —Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment." —United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth." —Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
"A search is a search, even if it happens to disclose nothing but the bottom of a turntable." —Arizona v. Hicks, 480 U.S. 321, 325 (1987)
"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." —Katz v. United States, 389 U.S. 347, 351 (1967)
“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” —United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.” —United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
"You can't always get what you want / But if you try sometimes / You just might find / You get what you need." —Mick Jagger & Keith Richards, Let it Bleed (album, 1969)
"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
—Martin Niemöller (1945) [he served seven years in a concentration camp]
“Children grow up thinking the adult world is ordered, rational, fit for purpose. It’s crap. Becoming a man is realising that it’s all rotten. Realising how to celebrate that rottenness, that’s freedom.” – John le Carré, The Night Manager (1993), line by Richard Roper
"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime." —Johnson v. United States, 333 U.S. 10, 13-14 (1948)
The book was dedicated in the first (1982) and sixth (2025) editions to Justin William Hall (1975-2025). He was three when this project started in 1978.
