ABAJ: Surveillance footage enters slapstick comedy TV genre, and that could be dangerous, lawyer says

ABAJ: Surveillance footage enters slapstick comedy TV genre, and that could be dangerous, lawyer says by Adam Banner. About halfway in:

Continue reading
Posted in Surveillance technology | Comments Off on ABAJ: Surveillance footage enters slapstick comedy TV genre, and that could be dangerous, lawyer says

S.D.Ohio: Two on Stone

“Because Stone v. Powell prohibits this Court’s consideration of Petitioner’s Fourth Amendment claim, the Magistrate Judge’s denial of expansion of the record to include the dash cam footage is affirmed because consideration of that footage is prohibited by Stone. The Magistrate Judge’s recommendation to decline merits review of Petitioner’s Fourth Amendment claim is adopted and the Clerk will therefore enter judgment dismissing the Petition with prejudice.” Dunbar v. Smith, 2026 U.S. Dist. LEXIS 43251 (S.D. Ohio Mar. 3, 2026).*

“As the Petition recites, Andrews was able to fully litigate his Fourth Amendment claims in the Ohio courts through a motion to suppress in the trial court, on which that court held a full evidentiary hearing, then on appeal to the Fourth District Court of Appeals and finally to the Ohio Supreme Court. … Petitioner’s first three claims are all substantive Fourth Amendment claims; he does not assert he was deprived of the full and fair opportunity to litigate those claims which Ohio law provides to all felony defendants.” Andrews v. Scioto Cty. Court of Common Pleas, 2026 U.S. Dist. LEXIS 43261 (S.D. Ohio Mar. 3, 2026).*

Posted in Issue preclusion | Comments Off on S.D.Ohio: Two on Stone

AR overrules state constitution’s pretextual arrest case from 2002; reasonableness is the key

Arkansas overrules State v. Sullivan, 348 Ark. 647, 74 S.W.3d 215 (2002), which held that a pretextual arrest violated the state constitution, holding this time that Fourth Amendment reasonableness should control. Gamble v. State, 2026 Ark. 44 (Mar. 5, 2026) (5-2, dissent noting that the holding violates the party presentation rule which is now applied unevenly (maybe when it only helps the state?).)

Posted in Reasonableness, State constitution | Comments Off on AR overrules state constitution’s pretextual arrest case from 2002; reasonableness is the key

CA5: Driver’s lie about having a gun on him justified a frisk of the passenger, too

Driver’s lie about having a gun on him justified a frisk of the passenger, too; Ybarra distinguished. United States v. Ducksworth, 2026 U.S. App. LEXIS 6255 (5th Cir. Mar. 3, 2026):

Continue reading
Posted in Reasonable suspicion | Comments Off on CA5: Driver’s lie about having a gun on him justified a frisk of the passenger, too

M.D.Ala: Man with gun and body armor created exigency for warrantless entry

The suspect here was armed and wearing body armor, and there was clear exigency fully coalescing in the last 25 minutes. That justified an exigency based entry. The fact it turned out to be wrong doesn’t matter. United States v. Clark, 2026 U.S. Dist. LEXIS 43239 (M.D. Ala. Jan. 9, 2026)*:

Continue reading
Posted in Emergency / exigency | Comments Off on M.D.Ala: Man with gun and body armor created exigency for warrantless entry

S.D.Miss.: Evanescent nature of evidence of sex crime justified warrantless entry to hotel room

A rape report and the potential evanescent nature of the evidence justified a warrantless entry into defendant’s hotel room. He also was on probation. United States v. Jones, 2026 U.S. Dist. LEXIS 43102 (S.D. Miss. Mar. 3, 2026):

Continue reading
Posted in Emergency / exigency, Probation / Parole search | Comments Off on S.D.Miss.: Evanescent nature of evidence of sex crime justified warrantless entry to hotel room

404 Media: CBP Tapped Into the Online Advertising Ecosystem To Track Peoples’ Movements

404 Media: CBP Tapped Into the Online Advertising Ecosystem To Track Peoples’ Movements by Joseph Cox (“An internal DHS document obtained by 404 Media shows for the first time CBP used location data sourced from the online advertising industry to track phone locations. ICE has bought access to similar tools.”)

Continue reading
Posted in Surveillance technology | Comments Off on 404 Media: CBP Tapped Into the Online Advertising Ecosystem To Track Peoples’ Movements

TN: Failure to allege what should have been suppressed defeats IAC claim

Failure to allege what should have been suppressed if a motion to suppress had been filed is fatal to an ineffective assistance of counsel claim. Coyne v. State, 2026 Tenn. Crim. App. LEXIS 104 (Mar. 3, 2026).

Qualified immunity denied: the officer allegedly struck plaintiff 12 times while was kneeling submitting to arrest and posed no threat. Barricks v. Wright, 2026 U.S. App. LEXIS 6191 (4th Cir. Mar. 3, 2026).*

Trespassing in someone’s yard at night in black waving a gun was reasonable suspicion. Barrett v. Commonwealth, 2026 Va. App. LEXIS 133 (Mar. 3, 2026)* (unpublished).

The extension of defendant’s stop was not justified by reasonable suspicion. He didn’t even match the description that the officer relied on. United States v. McDowell, 2026 U.S. Dist. LEXIS 42904 (E.D. Okla. Mar. 3, 2026).*

Posted in Burden of pleading, Excessive force, Ineffective assistance, Qualified immunity, Reasonable suspicion | Comments Off on TN: Failure to allege what should have been suppressed defeats IAC claim

CA4: Error to deny suppression motion without hearing where there’s disputed facts

The district court erred in denying defendant’s motion to suppress without a hearing when there were disputed facts. United States v. Moore, 2026 U.S. App. LEXIS 6196 (4th Cir. Mar. 3, 2026).

Defendant consented orally and in writing to search of his cell phone. United States v. Guerrero, 2026 U.S. App. LEXIS 6231 (6th Cir. Mar. 3, 2026).*

Nexus was shown to defendant’s house from his years-long drug trade. United States v. Johnson, 2026 U.S. Dist. LEXIS 42706 (W.D. Va. Mar. 2, 2026).*

Petitioner actually filed a motion to suppress and litigated it, so he’s Stoned out in this 2254. White v. Sec’y, Dep’t of Corr., 2026 U.S. Dist. LEXIS 42778 (M.D. Fla. Mar. 3, 2026).*

Posted in Cell phones, Consent, Issue preclusion, Nexus, Suppression hearings | Comments Off on CA4: Error to deny suppression motion without hearing where there’s disputed facts

W.D.Pa.: Younger doctrine didn’t apply when plaintiff’s criminal case was over

Younger doctrine didn’t apply when plaintiff’s criminal case was over. Harris v. Trent, 2026 U.S. Dist. LEXIS 42416 (W.D. Pa. Mar. 2, 2026).

“Here, assuming the factual disputes in Franke’s favor, the relevant question is whether it was clearly established in March 2022 that a police officer violates a person’s rights during an investigatory detention by using advanced pain compliance techniques—here a half nelson and painfully twisting a wrist with enough force to cause an injury that required surgery—on a handcuffed individual not resisting arrest. Binding caselaw shows that it was.” Franke v. Janes, 2026 U.S. App. LEXIS 6031 (6th Cir. Mar. 2, 2026).*

Omissions from the affidavit for arrest did not materially undermine the probable cause, thus defeating a malicious prosecution action. L.M. v. Graham, 2026 U.S. App. LEXIS 5849 (4th Cir. Feb. 27, 2026).*

Posted in Excessive force, Franks doctrine, Issue preclusion, Qualified immunity | Comments Off on W.D.Pa.: Younger doctrine didn’t apply when plaintiff’s criminal case was over

W.D.Ark.: Exclusionary rule doesn’t apply to sentencing

The exclusionary rule doesn’t apply to sentencing. Owen v. United States, 2026 U.S. Dist. LEXIS 42184 (W.D. Ark. Jan. 20, 2026) (recognizing rule).

The officer here blocked defendant’s parked car while he was in it, so that was a stop. Remanded for a determination of reasonable suspicion. State v. Bennett, 2026-Ohio-698 (9th Dist. Mar. 2, 2026).*

The government elects not to use CSLI in this case, so the motion to suppress it is moot. United States v. Browne, 2026 U.S. Dist. LEXIS 40936 (N.D. Ga. Feb. 4, 2026).*

Two doctors showed probable cause to believe plaintiff was a danger and that justified his mental health hold in the face of a Fourth Amendment claim. Mulvey v. Nassau Univ. Med. Ctr., 2026 U.S. Dist. LEXIS 41177 (E.D.N.Y. Feb. 27, 2026).*

Posted in Exclusionary rule, Probable cause, Seizure | Comments Off on W.D.Ark.: Exclusionary rule doesn’t apply to sentencing

Va.L.Rev.: Fourth Amendment Trespass and Internet Search History

Alec J.H. Block & Joseph W. Paul, Fourth Amendment Trespass and Internet Search History,
111 Va. L. Rev. Online 188 (2025). Abstract:

Continue reading
Posted in Computer and cloud searches, Trespass | Comments Off on Va.L.Rev.: Fourth Amendment Trespass and Internet Search History

The automobile exception is 101 today

See the 100th Anniversary post.

Posted in Automobile exception | Comments Off on The automobile exception is 101 today

CNS: California drivers accuse Flock Safety of sharing data with federal and out-of-state agencies

CNS: California drivers accuse Flock Safety of sharing data with federal and out-of-state agencies by Edvard Pettersson (“Even after Flock removed California law enforcement agencies from its National Lookup service last year, unauthorized access to the agencies’ databases has continued, the plaintiffs argue.”)

Posted in Automatic license plate readers | Comments Off on CNS: California drivers accuse Flock Safety of sharing data with federal and out-of-state agencies

CA10: RS didn’t dissipate during wait for drug dog

Reasonable suspicion here once developed didn’t dissipate before the 20-30 minute wait for the drug dog. United States v. Labs, 2026 U.S. App. LEXIS 5789 (10th Cir. Feb. 27, 2026).

By statute, “[t]he evidence admissible for meeting the State’s burden can be the same as that admissible in determining probable cause at a preliminary hearing or by a judge in issuing a search warrant.” State v. $12,039 United States Currency Seized from Kent, 2026 La. App. LEXIS 371 (La. App. 2 Cir Feb. 25, 2026).*

There was probable cause along with good faith on issuance of this warrant for seizure of animals from the complainant. In re Hirt, 2026-Ohio-681 (6th Dist. Feb. 27, 2026).*

The inventory of plaintiff’s car after a DUI arrest was reasonable. Ryles v. Cook, 2026 U.S. Dist. LEXIS 41024 (M.D. Ala. Feb. 27, 2026).*

Posted in Dog sniff, Forfeiture, Inventory, Probable cause, Reasonable suspicion | Comments Off on CA10: RS didn’t dissipate during wait for drug dog

W.D.Wash.: Habeas not remedy for immigration arrest without PC

Even if an immigration arrest lacked probable cause, habeas isn’t the remedy. Reyes v. Hermosilla, 2026 U.S. Dist. LEXIS 41279 (W.D. Wash. Jan. 15, 2026)*:

Continue reading
Posted in Immigration arrests | Comments Off on W.D.Wash.: Habeas not remedy for immigration arrest without PC

E.D.Cal.: Excessive damage in executing writ of possession can state claim

Excessive damage in executing a writ of possession can state a Fourth Amendment claim. Dayton v. Fairfield Mobile Home, 2026 U.S. Dist. LEXIS 41228 (E.D. Cal. Feb. 26, 2026).

Vehicle finance company’s Fourth Amendment claim against the village’s retention of inoperable seized vehicles is dismissed in part. Unneeded property usually is returned to the owners. Santander Consumer USA, Inc. v. Vill. of Freeport, 2026 U.S. Dist. LEXIS 41282 (E.D.N.Y. Feb. 10, 2026).*

Painfully tight handcuffs isn’t shown by clearly established law to be excessive force where the plaintiff threatened the officer. Ennes v. Presque Isle Cty., 2026 U.S. App. LEXIS 5954 (6th Cir. Feb. 27, 2026).*

Posted in Community caretaking function, Qualified immunity, Rule 41(g) / Return of property, Warrant execution | Comments Off on E.D.Cal.: Excessive damage in executing writ of possession can state claim

IL: Searching wallet in Terry frisk for weapons was unreasonable

Even assuming the frisk was for weapons, as the officer stated on the bodycam video, the search of defendant’s wallet exceeded the scope of a Terry frisk. People v. Molitor, 2026 IL App (2d) 240644, 2026 Ill. App. LEXIS 65 (Feb. 27, 2026).

2254 petitioner didn’t fairly present his Fourth Amendment claim to the state courts first, so he can’t raise it here. Flynn v. Wenzel, 2026 U.S. Dist. LEXIS 40796 (N.D. Ill. Feb. 27, 2026).*

“The opportunity to raise Fourth Amendment claims, regardless of whether it is acted upon at the state level, is all that is required to preclude federal habeas review. … Even errors in adjudicating Fourth Amendment claims are not an exception to Stone’s bar. … Here, Petitioner had the opportunity to raise his Fourth Amendment challenges in state court, which precludes these claims.” Vandenabeelen v. Dir., Tex. Dep’t of Crim. Just.-Corr. Insts. Div., 2026 U.S. Dist. LEXIS 40836 (E.D. Tex. Jan. 23, 2026),* adopted, 2026 U.S. Dist. LEXIS 38927 (E.D. Tex. Feb. 25, 2026).*

Posted in Uncategorized | Comments Off on IL: Searching wallet in Terry frisk for weapons was unreasonable

D.Minn.: Preliminary injunction granted against immigration arrests under 8 U.S.C. § 1159(a) because they violate 4A

Preliminary injunction granted against immigration arrests under 8 U.S.C. § 1159(a) because they violate the Fourth Amendment. U.H.A. v. Bondi, 2026 U.S. Dist. LEXIS 40545 (D. Minn. Feb. 27, 2026)*:

Continue reading
Posted in Immigration arrests | Comments Off on D.Minn.: Preliminary injunction granted against immigration arrests under 8 U.S.C. § 1159(a) because they violate 4A

TN: Three controlled buys in three days is PC

Three controlled buys three days in a row was probable cause for a warrant for defendant’s house. State v. White, 2026 Tenn. Crim. App. LEXIS 95 (Feb. 27, 2026).*

“Here, a review of the affidavit demonstrates that it does contain specific factual averments, specifically that: (i) surveillance was initiated based on information of large-scale drug sales; (ii) agents saw the Defendant leave his residence and go directly to a meeting during which a hand-to-hand drug transaction occurred; (iii) the recipient of the hand-to-hand transaction admitted that she had purchased drugs from the Defendant; and (iv) approximately 21 grams of marijuana were recovered from the recipient’s vehicle. While additional facts establishing a definitive nexus between the Defendant’s residence and his drug distribution activities certainly would have bolstered the affidavit, courts should refrain from ‘second guess[ing] the magistrate who authorized the warrant’ when looking at the affidavit through the lens of the good-faith exception. … Rather, the question is simply ‘whether officers objectively could reasonably believe that there was’ such a nexus between the drug activity and residence.” And here the answer is yes. United States v. Robertson, 2026 U.S. Dist. LEXIS 40354 (W.D. La. Feb. 26, 2026) (emphasis added).*

Posted in Probable cause | Comments Off on TN: Three controlled buys in three days is PC