Plaintiffs’ handcuffing for two minutes because of furtive movements was reasonable. “Based on the totality of the circumstances, we conclude that the investigative detention did not become an arrest here because Officer Marzolf only used handcuffs briefly (under two minutes) when he had two indications that one of the boys may have been armed. Thus, Officer Marzolf is also entitled to qualified immunity on the de-facto-arrest claim.” Pollreis v. Marzolf, 2021 U.S. App. LEXIS 24259 (8th Cir. Aug. 16, 2021).*
CSLI before Carpenter was properly obtained. United States v. Walton, 2021 U.S. App. LEXIS 24328 (9th Cir. Aug. 16, 2021).*
This was a shooting at the border, and the court finds Hernandez v. Mesa controlling and denies a Bivens remedy. Perez v. United States, 2021 U.S. App. LEXIS 24341 (9th Cir. Aug. 16, 2021). See Bloomberg Law, Widow of Rock-Throwing Mexican Shot on Border Has No Remedy by Bernie Pazanowski
The use of ketamine on an intoxicated and suicidal person, and one in probable mental distress, too, was not excessive force, even though she was put into respiratory distress. Buckley v. Hennepin Cty., 2021 U.S. App. LEXIS 24257 (8th Cir. Aug. 16, 2021)*:
CA2 en banc, summary by the court (8-3): “This case presents what is, in some respects, a familiar question: whether a police officer’s pat-down search of a suspect for weapons was reasonable under the Fourth Amendment. Based on the facts presented, we conclude that it was. We write en banc to confirm several fundamental, and well-settled, principles of Fourth Amendment jurisprudence. First, a police officer’s verbal directives to a suspect do not transform a stop into a search when they do not amount to a physical trespass or intrusion into an area subject to a reasonable expectation of privacy, irrespective of any reasonable belief by a suspect as to whether a search is occurring. Second, a police officer’s subjective intent bears no weight in determining when that officer’s interaction with the suspect constitutes a search. Third, in evaluating whether an officer has reasonable suspicion that a suspect is armed, courts must look to the totality of the circumstances confronting the officer, as viewed objectively by a reasonable and cautious officer on the scene. When the circumstances give rise to reasonable suspicion that a suspect has a weapon, an officer need not rule out alternative explanations—whether innocent or otherwise—for a suspect’s behavior before deciding to conduct a pat-down for his safety.” United States v. Weaver, 2021 U.S. App. LEXIS 24251 (2d Cir. Aug. 16, 2021).
The New Mexico regulatory scheme for truck inspections has already been held to satisfy Burger. Stopping defendants’ truck for inspection at an inspection station was reasonable under that standard. On opening the trailer to compare to the bills of lading, the smell of over a ton of marijuana was apparent. That authorized a further search. The detention before that was reasonable under the administrative scheme. The court finds a Miranda violation for the password on their cell phones, so that is suppressed, and inevitable discovery doesn’t apply. United States v. Coleman, 2021 U.S. Dist. LEXIS 153161 (D.N.M. Aug. 12, 2021).
“Engram is simply incorrect that the exclusionary rule may apply when a no-knock warrant application fails to establish justification for a no-knock entry. See United States v. White, 990 F.3d 488, 493 (6th Cir. 2021) (‘Whether this affidavit sufficed to invoke the exception [for a no-knock warrant] is an open question. It will remain one. Even if the police violated the knock-and-announce rule, suppression is not the appropriate remedy.’); United States v. Rigaud, 684 F.3d 169, 176 (1st Cir. 2012) (challenge to support for no-knock application would not justify suppression under exclusionary rule).” United States v. Engram, 2021 U.S. Dist. LEXIS 152807 (N.D.Miss. Aug. 13, 2021).
A warrant wasn’t needed to seize a cell phone, but one was to search it, and they had one. Attacking the CI’s credibility fails as an issue, Franks or otherwise, because there is other probable cause for the warrant. United States v. Vines, 2021 U.S. App. LEXIS 24182 (7th Cir. Aug. 13, 2021).*
Defendant’s three iPhones are ordered returned to him. The government hasn’t shown they contain contraband. Their confirmed suspicions aren’t enough. United States v. Stallworth, 2021 U.S. Dist. LEXIS 152531 (W.D.Pa. Aug. 13, 2021).
The evidence here clearly fell short of showing probable cause to believe drugs would be found in defendant’s house. That part of the suppression motion is granted. United States v. Dillard, 2021 U.S. Dist. LEXIS 152638 (S.D.Ala. Aug. 13, 2021).*
Dog sniff occurred here during the initial ordinary incidents of the traffic stop and writing a ticket so it didn’t extend the stop. United States v. Junkins, 2021 U.S. App. LEXIS 24174 (4th Cir. Aug. 13, 2021).
Defendant’s vehicle was properly impounded and towed and then inventoried because it was blocking access to a business parking lot. Commonwealth v. King, 2021 PA Super 162, 2021 Pa. Super. LEXIS 519 (Aug. 13, 2021).*
Officers had reasonable suspicion as to defendant when they responded to a 3 am disturbance call. State v. Sundara, 2021 Utah App. LEXIS 86 (Aug. 12, 2021).*
The search warrant for defendant’s Facebook records was particular enough. A warrant was not used to get his CSLI, but it happened pre-Carpenter. Jackson v. United States, 2021 U.S. Dist. LEXIS 152336 (N.D.Iowa Aug. 12, 2021).*
Moving a suspicious looking box from the FedEx conveyor belt to a back room for a dog sniff did not require reasonable suspicion nor did it deprive FedEx of custody of the box. The dog alert provided justification for a search warrant. United States v. Green, 2021 U.S. App. LEXIS 24129 (8th Cir. Aug. 13, 2021).
The court “hesitantly” concludes there is reasonable suspicion for defendant’s stop. “Detective Anderson made a commonsense judgment, and reached a reasonable suspicion based on probabilities combined with database information sufficient to satisfy the minimal level of objective justification for the traffic stop.” United States v. Cain, 2021 U.S. Dist. LEXIS 151805 (W.D.Pa. Aug. 12, 2021).*
Defendant should have pled more about his standing in this rented car, but the court gives the benefit of the doubt and schedules a hearing. United States v. Copeland, 2021 U.S. Dist. LEXIS 151845 (D.Del. Aug. 12, 2021).*
This child pornography warrant wasn’t stale. United States v. Espinoza, 2021 U.S. App. LEXIS 24125 (8th Cir. Aug. 13, 2021).*
The court having reviewed the dashcam, the officer lacked reasonable suspicion for a traffic stop. The government’s alternative argument that there was generalized reasonable suspicion of drug dealing isn’t timely. On the merits, it still is inadequate. United States v. Abreu, 2021 U.S. Dist. LEXIS 151732 (D.N.J. Aug. 12, 2021).*
The district court erred in dismissing this case under a broad Rooker-Feldman view rather than individualized claims. One claim was under the Fourth Amendment. Remanded. Behr v. Campbell, 2021 U.S. App. LEXIS 24025 (11th Cir. Aug. 12, 2021).*
Here the officer had no reasonable suspicion to continue the stop as long as he did. Suppression granted. [There is a helpful discussion of the “Rodriguez moment” where the stop turned from traffic stop to criminal investigation.] United States v. Hunter, 2021 U.S. Dist. LEXIS 151697 (E.D.Pa. Aug. 12, 2021).*
Defendant’s testimony he didn’t consent to search of his car is found not credible. He’d previously filed an affidavit that he didn’t remember. Instead, the officer is found credible. United States v. Taylor, 2021 U.S. Dist. LEXIS 151667 (E.D.Mich. Aug. 12, 2021).*
Defendant litigated his motion to suppress before this 2255. His claim now that the warrants were fake is barred by Stone. Davison v. United States, 2021 U.S. Dist. LEXIS 150386 (N.D.Ohio Aug. 9, 2021).
The fact the CI may have “had an ax to grind” doesn’t undermine the probable cause otherwise shown. The fact the officer obtained a search warrant and not an arrest warrant doesn’t mean anything. United States v. Cassatt, 2021 U.S. Dist. LEXIS 151261 (W.D.N.Y. June 23, 2021).
Plaintiff’s Fourth Amendment claim fails because defendant is not a state actor. Debose v. Experian Info. Solutions, 2021 U.S. Dist. LEXIS 151109 n.2 (M.D.Fla. Aug. 10, 2021).*
“Phillips asserts the affidavit did nothing to establish the reliability of Handshoe or her hearsay statements. He contends the affidavit merely implied, rather than established, that Handshoe ‘had personal knowledge of her claims.’ Appellant’s Br., p. 10. But Phillips either minimizes or ignores the affidavit’s allegations.” Phillips v. State, 2021 Ind. App. LEXIS 245 (Aug. 12, 2021).*
WaPo: Surveillance and Capture: Two Models of Privacy by Reed Albergotti (“He predicted the dark side of the Internet 30 years ago. Why did no one listen? Philip Agre, a computer scientist turned humanities professor, was prescient about many of the ways technology would impact the world.”)
During a stop, defendant was told to keep his hands out of his pockets, but he didn’t and he was fidgeting and putting his hands in and out. Telling him to put his hands on the hood after all that was reasonable and didn’t make his subsequent consent involuntary. State v. Richardson, 2021-Ohio-2751, 2021 Ohio App. LEXIS 2710 (1st Dist. Aug. 11, 2021).*
Defendant had no reasonable expectation of privacy in his IP address logs under Carpenter. United States v. Herrington, 2021 U.S. Dist. LEXIS 150311 (D.Vt. Aug. 9, 2021).
Defendant’s use of email addresses was nexus to those accounts for a warrant that was otherwise issued with probable cause. United States v. Kovacs, 2021 U.S. Dist. LEXIS 150397 (N.D.Ohio Aug. 9, 2021).*
“The police here did not convey a message that Johnson was required to answer their questions. They arrived in plain clothes in a single unmarked car, without activating sirens or lights, displaying guns, or ordering Johnson to turn off his car or to remain inside. The lack of traditional signals of police authority and the absence of any coordinated effort among multiple police cars to confine Johnson distinguish Johnson’s case from those he cites.” United States v. Johnson, 2021 U.S. App. LEXIS 23815 (7th Cir. Aug. 11, 2021).*
The DEA’s administrative subpoena for prescription records is enforced. While circuit law shows some privacy interest of persons named in the records, the DEA’s ability to get it overcomes that. United States v. Saxton, 2021 U.S. Dist. LEXIS 150296 (E.D.Cal. Aug. 10, 2021):
Picking up defendant’s firearm to see the serial number to check if it was stolen was a search, and it was without probable cause. Obviously, not all guns are stolen. After that, the officer determined that defendant was a felon in possession. This was an invalid plain view because the incriminating character was not immediately appearant. United States v. Thompson, 2021 U.S. Dist. LEXIS 150309 (N.D.Ohio Aug. 9, 2021):
The affidavit for search warrant does not have to be sworn to before the issuing magistrate under Texas law. A clerk will do. Fender v. State, 2021 Tex. App. LEXIS 6605 (Tex. App. – Beaumont Aug. 9, 2021).
No reasonable officer would be able to conclude defendant was trespassing in a park after being ordered to leave when he was arrested outside. Qualified immunity denied on this claim. Watkins v. Shields, 2021 U.S. App. LEXIS 23730 (11th Cir. Aug. 10, 2021).*
There was probable cause for a warrant for defendant’s DNA for touch DNA analysis on a firearm. United States v. Brooks, 2021 U.S. Dist. LEXIS 149747 (E.D.Mich. Aug. 10, 2021).*
Officers entered defendant’s apartment to freeze it while they got a warrant. They ended up essentially spending the night. Defendant’s consent the next day wasn’t voluntary because of various factors found by the court, including failure to turn on a bodycam and failure to turn over cell phone pictures an officer took during the entry that ultimately showed the implausibility of a plain view in another room. United States v. Garcia, 2021 U.S. Dist. LEXIS 150129 (E.D.N.Y. Aug. 10, 2021).*
Defendant’s traffic stop was reasonable to begin with, and the fact it took 50 minutes before the dog alert was justified under all the circumstances, including getting a Spanish speaking officer to the scene. United States v. Hernandez, 2021 U.S. Dist. LEXIS 149587 (W.D.Tex. Aug. 10, 2021).
Defendant’s admissions of the contents of the car justified its search under the automobile exception. United States v. Pemberton, 2021 U.S. Dist. LEXIS 150079 (D.Mass. Aug. 10, 2021).
It was clearly established that the gratuitous beating of a pretrial detainee was unreasonable. It’s under the due process clause for sure, but SCOTUS has not clarified whether the Fourth Amendment applies too. Jacobs v. Cumberland Cty., 2021 U.S. App. LEXIS 23675 (3d Cir. Aug. 10, 2021).*
There was reasonable suspicion defendant’s cell phone contained evidence of a crime, so its seizure was reasonable. United States v. McGill, 2021 U.S. App. LEXIS 23732 (7th Cir. Aug. 10, 2021).*
Defendant’s contention is that the warrant issuing judge issues no-knock warrants without question is not shown to be a basis to suppress under Hudson v. Michigan. The remedy is a 1983 action. United States v. Bryant, 2021 U.S. Dist. LEXIS 149888 (N.D.Miss. Aug. 10, 2021).
There was reasonable suspicion for continuation of the stop to then use a drug dog. United States v. Williams, 2021 U.S. Dist. LEXIS 149032 (W.D.Mich. Aug. 9, 2021).*
The traffic stop here was reasonable, and then a gun was in plain view justifying this search. United States v. Ashford, 2021 U.S. Dist. LEXIS 149262 (W.D.Okla. Aug. 9, 2021).*
The corroborated CI’s information was sufficient for probable cause for the house. The warrant for the house permitted search of defendant’s car outside. United States v. Hill, 2021 U.S. App. LEXIS 23648 (8th Cir. Aug. 10, 2021).*
The state constitution protects against surreptitious recording of a telephone line from within a police station of a suspect where there was no warning and he was allowed into a room alone to make a call. State v. McQueen, 2021 N.J. LEXIS 793 (Aug. 10, 2021). From the syllabus:
"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.
