Defendant was merely on the premises raided, and he was clearly not the person sought. There were no furtive gestures or other justification. The search of his person was unreasonable. People v. Duffie, 2021 IL App (1st) 171620, 2021 Ill. App. LEXIS 518 (Sept. 24, 2021).
Lifetime satellite based monitoring here is shown to be a reasonable search. “The purpose of the SBM program to protect the public from sex crimes is of paramount importance, and an aggravated offender’s reasonable expectation of privacy is significantly diminished. The incremental nature of a search providing location information and the method of data collection via an ankle bracelet are more inconvenient than intrusive. Moreover, the SBM program provides a particularized procedure for imposing SBM and thus does not violate Article I, Section 20.” State v. Hilton, 2021-NCSC-115, 2021 N.C. LEXIS 937 (Sept. 24, 2021).
Defendant doesn’t get to use a plain error type of review to an unpreserved lifetime satellite based monitoring condition because it is meritless anyway. State v. Ricks, 2021-NCSC-116, 2021 N.C. LEXIS 928 (Sept. 24, 2021).*
Sex offense victim’s uncorroborated statements supported issuance of a warrant for defendant’s email account. A victim is not treated the same as an informant for probable cause purposes. United States v. Deleon, 2021 U.S. Dist. LEXIS 182049 (E.D.Ky. Sept. 23, 2021).
Defendant’s IAC claim of an unasserted Fourth Amendment claim has already been litigated and it’s barred by res judicata. State v. Daboni, 2021-Ohio-3368, 2021 Ohio App. LEXIS 3279 (4th Dist. Sept. 15, 2021).
The dashcam video shows that the windows to defendant’s car were overtinted, so the pretext argument fails. When officers got to the car, they could smell marijuana, and a baggie was seen in plain view in the car. United States v. Bell, 2021 U.S. Dist. LEXIS 182584 (E.D.Mich. Sept. 24, 2021).*
Posted inE-mail, Informant hearsay, Issue preclusion, Pretext|Comments Off on E.D.Ky.: Sex offense victim’s uncorroborated statements supported issuance of SW for defendant’s email account
Only the owner of a cell phone has standing to challenge tracking the phone with a Stingray. Warrantless pings to locate the phone were shown by the government to be based on exigent circumstances. United States v. Baker, 2021 U.S. Dist. LEXIS 182519 (M.D.Pa. Sept. 23, 2021):
“Here, officers deployed a drug-detection dog during a traffic stop for failing to signal continuously for at least 100 feet before turning-without articulating any independent constitutional justification. Moreover, the state has not identified any theory or pointed us to any facts that, for purposes of Article I, section 9, would justify the seizure. Accordingly, the trial court erred in denying defendant’s motion to suppress.” State v. Allen, 314 Or. App. 735, 2021 Ore. App. LEXIS 1297 (Sept. 22, 2021).
“Although Marsh argues that the agents did not have an informant or direct observation of the guns or related evidence while they were inside the apartment, a warrant need not be based on such definitive information. … Instead, an officer’s expectation that evidence is likely to be found in a suspect’s residence, based on prior experience and the specific circumstances of the crimes under investigation, satisfies probable case. … This is precisely the basis for the search warrant here, and the circumstances described in the affidavit support the conclusion that there was probable cause to authorize the search of Marsh’s apartment.” United States v. Marsh, 2021 U.S. Dist. LEXIS 181763 (N.D.Ala. July 27, 2021).*
When a traffic stop turns into reasonable suspicion for other crime, the reasonable suspicion extends to being able to control the passenger, too, for officer safety. There is no reasoned basis for differentiating between drivers and passengers for officer safety. State v. Warren, 2021 Ida. LEXIS 149 (Sept. 22, 2021).
After drugs were found on the driver, it was reasonable to ask the passenger about drugs, too. United States v. India, 2021 U.S. Dist. LEXIS 181563 (N.D.Ohio Sept. 23, 2021).*
No COA on habeas claim for blood test that supposedly violates the Fourth Amendment because the claim is barred. Barnhart v. Turner, 2021 U.S. App. LEXIS 28778 (6th Cir. Sept. 22, 2021).*
Defendant’s surveillance DVR was properly seized without a warrant under exigent circumstances. The police obtained a search warrant before searching it. Ramirez v. State, 2021 Ind. LEXIS 591 (Sept. 23, 2021).
Defendant was a visitor to a hotel room and he had no standing to challenge its search. He had no key to the room and no luggage or other belongings, and he couldn’t show he was a guest of either the hotel or the renter of the room. State v. Smith, 2021-Ohio-3330, 2021 Ohio App. LEXIS 3245 (7th Dist. Sept. 15, 2021).
There was probable cause for the search of defendant’s vehicle, and it would have been searched by inventory anyway. United States v. King, 2021 U.S. Dist. LEXIS 180711 (E.D.Mich. Sept. 22, 2021).*
Probable cause was shown for obtaining defendant’s CSLI, and, even if it didn’t, the good faith exception applies. United States v. Villar, 2021 U.S. Dist. LEXIS 181155 (S.D.N.Y. Sept. 22, 2021).*
Defendant’s Franks challenge fails. More than mere accusations are required to get a hearing; no offer of proof, no affidavits. United States v. Zambrano, 2021 U.S. Dist. LEXIS 181287 (N.D.Ill. Sept. 22, 2021).*
An uncorroborated first time informant provided no reasonable suspicion for defendant’s stop. State v. Donnell, 2021 Tex. App. LEXIS 7813 (Tex. App. – Tyler Sept. 22, 2021):
Defendant had no reasonable expectation of privacy to contest the search of his sister’s bedroom. United States v. Slater, 2021 U.S. Dist. LEXIS 180673 (E.D.Wis. Sept. 22, 2021).
There was probable cause for search of defendant’s car, and the opportunity to get a search warrant doesn’t matter. United States v. Piecuch, 2021 U.S. Dist. LEXIS 179849 (D.Me. Sept. 21, 2021).
There is no reasonable expectation of privacy in calls from a pretrial detainee in his jail calls. United States v. 9.9270303 Bitcoins, 2021 U.S. Dist. LEXIS 180628 (W.D.Tex. Sept. 22, 2021).*
The jurisdiction of an officer to make an arrest does not make an arrest outside of the officer’s jurisdiction unreasonable under the Fourth Amendment or the state constitution. Durden v. City of Van Buren, 2021 Ark. App. 357, 2021 Ark. App. LEXIS 370 (Sept. 22, 2021).
A dog sniff of a car during a routine traffic stop was unreasonable without independent justification. State v. Allen, 314 Or. App. 735, 2021 Ore. App. LEXIS 1282 (Sept. 22, 2021).
Plaintiff alleges his cell phone was searched by campus police without a warrant, but he can’t name who did it. Dismissal reversed, and plaintiff gets to discovery to identify who did it. Flores v. Grand Canyon Education, Inc., 2021 U.S. App. LEXIS 28599 (9th Cir. Sept. 21, 2021).*
Posted inArrest or entry on arrest, Dog sniff|Comments Off on AR: Arrest outside officer’s jurisdiction not constitutionally unreasonable
Consent to a blood draw is also consent to its testing. Schulz v. State, 2021 Tex. App. LEXIS 7748 (Tex. App. – Dallas Sept. 21, 2021).
“Citizens have long-cherished constitutional rights which deserve our protection. Law enforcement officers have difficult but necessary jobs which deserve our cooperation and respect. Under the facts presented here, this appears to be a regular investigation of an extraordinary and hazardous situation created voluntarily by the plaintiff himself, and this officer’s conduct appears to be in accord with reasonable expectations as the encounter unfolded. The Fourth Amendment and 42 U.S.C. § 1983 should not be employed as a daily quiz tendered by videotaping hopefuls seeking to metamorphosize law enforcement officers from investigators and protectors, into mere spectators, and then further converting them into federal defendants. Based upon the facts as alleged by Kokesh and represented on Trooper Curlee’s bodycam, the denial of summary judgment on qualified immunity is REVERSED and the case is REMANDED to the district court for entry of summary judgment in favor of Trooper Curlee.” Kokesh v. Curlee, 2021 U.S. App. LEXIS 28607 (5th Cir. Sept. 21, 2021).*
Google viewed defendant’s email attachments and reported child pornography, but when police got their hands on it, they exceeded the private search. United States v. Wilson, 2021 U.S. App. LEXIS 28569 (9th Cir. Sept. 21, 2021):
Plaintiff overcame qualified immunity here because he was unnecessarily left handcuffed without any objective reason for it. There was no reasonable suspicion. Haynes v. Minnehan, 2021 U.S. App. LEXIS 28550 (8th Cir. Sept. 21, 2021).
In this prison search case, “Summary judgment on Johnson’s Fourth Amendment claim was proper because the searches were justified by penological interests and were reasonable as to scope, manner, and place. See Byrd v. Maricopa County Sheriff’s Dep’t, 629 F.3d 1135, 1141 (9th Cir. 2011) (factors for evaluating reasonableness of a search under the Fourth Amendment); see also Michenfelder v. Sumner, 860 F.2d 328, 333 (9th Cir. 1988) (inmates must show that prison officials ‘intentionally used exaggerated or excessive means to enforce security’ to support a Fourth Amendment claim); Case v. Kitsap County Sheriff’s Dep’t, 249 F.3d 921, 930 (9th Cir. 2001) (‘[T]here is no § 1983 liability for violating prison policy. [Plaintiff] must prove that [the official] violated his constitutional right.’).” Johnson v. Peters, 2021 U.S. App. LEXIS 28417 (9th Cir. Sept. 20, 2021).*
Posted inPrison and jail searches, Qualified immunity|Comments Off on CA8: Unnecessary prolonged handcuffing of ptf overcame QI; if there was a reason for it, it had long passed
The officer here preemptively called for a drug dog before running the DL information on the occupants. That did not measurably extend the time. After calling for the dog, the officer found out there were warrants on one, and then there was an admission of a gun in the vehicle. The totality was reasonable. State v. France, 2021-NCCOA-498, 2021 N.C. App. LEXIS 505 (Sept. 21, 2021) (sort of “no harm, no foul” because the later discoveries cured any other argument).
Defendant’s change of his constitutional argument about his stop and search between the motion to suppress and the appeal is waiver. State v. Johnson, 2021-NCCOA-501, 2021 N.C. App. LEXIS 494 (Sept. 21, 2021).
The affidavit for the search warrant for the house showed probable cause and nexus. State v. May, 2021-NCCOA-514, 2021 N.C. App. LEXIS 493 (Sept. 21, 2021).*
Posted inInevitable discovery, Nexus, Waiver|Comments Off on NC: Calling for drug dog right away here didn’t extend time, but the sniff became reasonable by RS otherwise developing
A call about a possible dead body at a location where police had responded before was sufficiently specific to justify an emergency response. On this record, their belief was objectively reasonable, and the story didn’t need to be corroborated. Tidwell v. State, 2021 Ga. LEXIS 621 (Sept. 21, 2021):
The search warrant for defendant’s phone to attempt to link him to a murder of a witness was based on probable cause that he was seen in a car likely involved and his parole GPS monitor that put him there. He had no reasonable expectation of privacy in the information from the GPS monitor while on parole. He’s also violated his release conditions by being in the city where he was. United States v. Gaines, 2021 U.S. Dist. LEXIS 178378 (D.Conn. Sept. 20, 2021).
Petitioner’s attempt to raise a Fourth Amendment claim in a successor habeas is barred. In re Horne, 2021 U.S. App. LEXIS 28342 (6th Cir. Sept. 17, 2021).*
Pretrial detainees’ jail calls can be recorded, and a consent decree on another issue didn’t create a liberty interest here. United States v. Burk, 2021 U.S. Dist. LEXIS 178195 (D.Alaska Sept. 20, 2021).*
There was no reasonable expectation of privacy in defendant’s Instragram account postings and communications whether it was set private or not. United States v. Dixson, 2021 U.S. Dist. LEXIS 178371 (E.D.Mich. Sept. 20, 2021):
While this judge wouldn’t have issued the search warrant on the information provided, that’s not the standard of review. There was, in fact, a substantial basis for finding probable cause. United States v. Moore, 2021 U.S. Dist. LEXIS 178263 (E.D.Pa. Sept. 20, 2021):
This mistaken identity arrest was reasonable. The name and gender were the same but the DOB was not. The warrant was 26 years old. Sosa v. Martin County, 2021 U.S. App. LEXIS 28401 (11th Cir. Sept. 20, 2021):
Posted inArrest or entry on arrest, Reasonableness|Comments Off on CA11: Mistaken identity arrest on 26 year old warrant was reasonable where names were same but DOB was not
The misstatements in the affidavit for the warrant here was negligence at worst, and that bars suppression. The affidavit for the warrant for defendant’s phone provided at least a “modicum” of information supporting probable cause. So, even assuming a lack of probable cause, the good faith exception saves the search of the phone. The warrant for the call records and CSLI was time limited and reasonable. State v. Short, 310 Neb. 81 (Sept. 17, 2021). The case has a much longer and cogent discussion of cell phone records particularity:
"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.
