A broad consent to search a home includes the surveillance system. Hart v. State, 2021 Tex. App. LEXIS 3784 (Tex. App. – Houston (14th Dist.) May 13, 2021).
“Considering that knowledge of the ability to refuse consent is not a determinative factor, in conjunction with the fact that the remainder of the factors weigh in favor of voluntary consent, indicates to the Court that Defendant’s consent was voluntarily given.” United States v. Taylor, 2021 U.S. Dist. LEXIS 90604 (D. Nev. May 12, 2021).*
A significant amount of cash in defendant’s car coupled with his drug history help provide nexus to search his house for drugs. United States v. Lawson, 2021 U.S. Dist. LEXIS 90629 (E.D. Ky. May 12, 2021).*
The CI’s information was adequately corroborated by the officers and showed probable cause. United States v. Dozier, 2021 U.S. Dist. LEXIS 91288 (D. Kan. May 13, 2021).*
Posted inConsent, Nexus, Scope of search|Comments Off on TX14: Broad consent to search home included surveillance system
techdirt: FISA Court Says FBI May Be Abusing Surveillance Powers; Will Continue To Allow It To Abuse Surveillance Powers by Tim Cushing (“Reform efforts following the Snowden leaks led to some minor improvements at the FISA Court. The USA Freedom Act gave the court permission to allow someone to present the side of the surveilled from time to time and introduced some reporting requirements that allowed Americans to see just a bit more about how their surveillance tax dollars were spent. But if anything is going to change the way America’s surveillance agencies perform their duties, it’s going to be up to the FISA Court, which can reject requests and shut down surveillance programs until they’re fixed.”)
Posted inFISA|Comments Off on techdirt: FISA Court Says FBI May Be Abusing Surveillance Powers; Will Continue To Allow It To Abuse Surveillance Powers
Posted inRacial profiling, Stop and frisk|Comments Off on The Crime Report: Continued Use of “Terry Stops” Raise Concerns of Racial Profiling and Trauma
Defendant took his pickup truck in for service at the local Ford dealer. While working on the truck, the mechanic found a flash drive in the door pocket and plugged it into the diagnostic laptop plugged into defendant’s truck. Instead of finding music, which they expected, they found child pornography. Defendant had both a subjective and objective reasonable expectation of privacy in the thumb drive. This was, however, a private search not in violation of the Fourth Amendment or Texas Constitution or the Texas exclusionary rule. Salinas v. State, 2021 Tex. App. LEXIS 3734 (Tex. App. – Corpus Christi – Edinburg May 13, 2021).
“Considering that knowledge of the ability to refuse consent is not a determinative factor, in conjunction with the fact that the remainder of the factors weigh in favor of voluntary consent, indicates to the Court that Defendant’s consent was voluntarily given.” United States v. Taylor, 2021 U.S. Dist. LEXIS 90604 (D. Nev. May 12, 2021).*
A significant amount of cash in defendant’s car coupled with his drug history help provide nexus to search his house for drugs. United States v. Lawson, 2021 U.S. Dist. LEXIS 90629 (E.D. Ky. May 12, 2021).*
Posted inConsent, Nexus, Private search|Comments Off on TX13: Truck mechanic conducted private search of flash drive found in door
Defendant driving over the officer’s legs and ankles was attenuated from his alleged illegal stop. People v. Contreras, 2021 NY Slip Op 03048, 2021 N.Y. App. Div. LEXIS 3144 (2d Dept. May 12, 2021).
“The County Court properly found that the defendant failed to meet his burden to establish that the police detective who prepared the search warrant application made false statements knowingly and intentionally or with reckless disregard for the truth …. Although the informant testified that he did not make certain statements that the detective attributed to him in the warrant application, the court found that his testimony was not credible. Moreover, the court credited the testimony of the detective.” People v. Burbridge, 2021 NY Slip Op 03045, 2021 N.Y. App. Div. LEXIS 3172 (2d Dept. May 12, 2021).*
The government said it will not use the search of defendant’s phone at trial, so that’s moot. It will however, use the observations of the open phone which are found obtained by consent. United States v. Adams, 2021 U.S. Dist. LEXIS 90477 (N.D. Ga. May 12, 2021).*
“Because Burton’s motion is untimely and the Ninth Circuit has already held that these records, when properly collected pre-Carpenter, are not subject to the exclusionary rule, I deny Burton’s motion.” United States v. Burton, 2021 U.S. Dist. LEXIS 90598 (D. Nev. May 12, 2021).*
Defendant showed at a hospital ER with a gunshot wound. Hospital policy was for its security staff to search GSW patients’ clothing for staff safety. This was a private search, and it produced ammunition from a convicted felon. United States v. Brown, 2021 U.S. Dist. LEXIS 90311 (W.D. Mo. May 12, 2021), adopting 2021 U.S. Dist. LEXIS 90460 (W.D. Mo. Apr. 2, 2021).
Defendant contends he was strip searched, but he wasn’t. He had basketball shorts with pockets under his pants, and he was only asked to remove his outer pants. United States v. Chism, 2021 U.S. Dist. LEXIS 89809 (E.D. Tenn. Apr. 21, 2021).*
The court does not have to decide whether NY law permits a suspicionless parole search because there was reasonable suspicion here. United States v. DeJesus, 2021 U.S. Dist. LEXIS 89747 (S.D. N.Y. May 11, 2021) (an extensive analysis of the competing arguments).*
Taking the facts from the plaintiff’s perspective, but still crediting the facts developed in discovery, it can reasonably be concluded that the use of deadly force here was reasonable. Thus, the officers get qualified immunity. Estate of Green v. City of Indianapolis, 2021 U.S. App. LEXIS 13993 (7th Cir. May 12, 2021).*
Defendant’s parking on railroad property was trespassing at least, and it was reasonable for the officer to investigate whether it was drug use or underage drinking, what he’d usually find. “Assuming without deciding King was acting on a mere hunch as to drug activity or underage drinking, when he arrived, Freking’s vehicle was still partially parked on private property. These circumstances provided reasonable suspicion to initiate a brief investigatory stop for King to ‘resolve the ambiguity as to whether criminal activity was afoot.’” State v. Freking, 2021 Iowa App. LEXIS 390 (May 12, 2021).*
“The facts above support the conclusion that Sgt. Danius had reasonable suspicion that Defendant was armed and dangerous, justifying the pat down. Defendant was accused of harassment and fled the scene. Moreover, when Sgt. Danius approached he reasonably and credibly believed that Defendant was abnormally nervous and had his hands raised.” United States v. Anderson, 2021 U.S. Dist. LEXIS 89629 (D. N.M. May 11, 2021).*
There was reasonable suspicion on the totality for continuing the interaction with defendant. The record supports the district court’s conclusion defendant consented to the continued interaction with him. United States v. Bass, 2021 U.S. App. LEXIS 13927 (5th Cir. May 11, 2021).*
Posted inReasonable suspicion|Comments Off on IA: Trespassing on RR property was RS for stop
Where the officer stood defendant up and turned him around, defendant was seized. Going directly into defendant’s pockets to search exceeded the power of a frisk. United States v. Brown, 2021 U.S. App. LEXIS 14015 (9th Cir. May 12, 2021).
Probable cause for the warrant existed, but if it didn’t, the good faith exception applies. United States v. Bridges, 2021 U.S. Dist. LEXIS 89537 (N.D. Iowa Apr. 1, 2021).*
“Based on the information obtained during the stop, including the comparison of the car and suspects to information about the robbery at the TCF Bank in Homewood and information obtained from the bank employees, the officers had a particularized and objective basis for suspecting that McKinney was involved in criminal activity. … The arresting officers had information that provided more than a bare suspicion that McKinney was involved in bank robbery. The Court recommends that the District Court conclude that there was probable cause to arrest McKinney.” “The Government has shown by the preponderance of the evidence that McKinney’s consent to search his phone was freely and voluntarily given. The Court recommends that the request to suppress evidence obtained from the phone be denied.” United States v. McKinney, 2021 U.S. Dist. LEXIS 89538 (N.D. Ind. Apr. 23, 2021).*
Jail conditions can be so bad that they amount to a § 1983 “assault” without there being a more traditional assault. Here, it was a suicidal inmate knowingly put into solitary confinement and that could be pled as excessive force under the Fourth Amendment. Moderwell v. Cuyahoga Cty., 2021 U.S. App. LEXIS 14051 (6th Cir. May 12, 2021):
“The Geo-Location Warrant was supported by probable cause because the affidavit established ‘a connection between the defendant and the location to be searched; a link between the location and criminal activity; and the informant’s veracity and basis of knowledge.’” There was also probable cause as to his phone. United States v. Troup, 2021 U.S. Dist. LEXIS 90210 (N.D. Ga. May 11, 2021).
The affidavit for the cell phone search warrant established probable cause. It was alleged that the phone had been used in setting up other drug transactions and a drug robbery. United States v. Martinez, 2021 U.S. Dist. LEXIS 89972 (S.D. N.Y. May 11, 2021).*
Defendant is incorrect that he was ordered to stop by the police. The court finds defendant was merely asked to talk to them. Reasonable suspicion developed thereafter that defendant might have been involved in a shooting. United States v. Duarte, 2021 U.S. Dist. LEXIS 90177 (N.D. Ill. May 12, 2021).*
There was reasonable suspicion for the officer to encounter a person in a “park and ride” lot where cars might be there at night but people with them usually were up to no good. Here, the person was acting “secretively.” Johnson v. State, 2021 Tex. Crim. App. LEXIS 434 (May 12, 2021).*
Defendant declined to consent to a DNA test during his statement which is sought to be admitted. He later sought and consented to a DNA test. It should not be excluded at trial because it isn’t seeking to penalize his right to refuse. United States v. Chism, 2021 U.S. Dist. LEXIS 89799 (E.D. Tenn. Apr. 21, 2021):
Stale information that a warrant existed for defendant was not probable cause when the warrant had been recalled, and no one checked the day of the arrest. State v. Pines, 2021 Wash. App. LEXIS 1160 (May 10, 2021).
Subpoenas to a Franks hearing of the issuing USMJ quashed. The testimony is irrelevant. United States v. Davis, 2021 U.S. Dist. LEXIS 89483 (D. Alaska May 11, 2021).
A text message sent after a search warrant was executed will be admissible to show harassment of a witness. United States v. Arnold, 2021 U.S. Dist. LEXIS 89168 (E.D. Wash. May 10, 2021).
Defendant’s arrest for robbery was with probable cause on collective knowledge. United States v. Schexnayder, 2021 U.S. Dist. LEXIS 89436 (N.D. Tex. May 11, 2021).*
The government’s 15 month delay in searching defendant’s cell phone was unjustified and was not saved by the good faith exception. United States v. Wilkins, 2021 U.S. Dist. LEXIS 89419 (D.D.C. May 11, 2021):
In a civil case over probable cause to arrest, the USMJ’s determination of probable cause at the preliminary hearing will not be revisited absent a showing of judicial deception. Martinez v. United States, 2021 U.S. App. LEXIS 13888 (9th Cir. May 11, 2021):
Posted inArrest or entry on arrest, Probable cause|Comments Off on CA9: In civil challenge to PC to arrest, PC determination at preliminary hearing usually binding
There was probable cause to stop defendant’s truck:
“Probable cause is ‘not a high bar.’ Kaley v. United States, 571 U.S. 320, 338, 134 S. Ct. 1090, 188 L. Ed. 2d 46 (2014). It ‘does not require an actual showing of criminal activity, or even that the existence of criminal activity is more likely true than not.’ … By definition, probable cause looks to probabilities—‘examining the totality of the circumstances in a common sense manner,’ …, and the ‘factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ Gerstein v. Pugh, 420 U.S. 103, 121, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975) (quoting Brinegar v. United States, 338 U.S. 160, 175, 69 S. Ct. 1302, 93 L. Ed. 1879 (1949)). Probable cause is determined by reasonable conclusions drawn from the facts known to the officer at the time of the search or arrest. Maryland v. Pringle, 540 U.S. 366, 371, 124 S. Ct. 795, 157 L. Ed. 2d 769 (2003). A law enforcement officer may act based on firsthand observations. …” United States v. Hahn, 2021 U.S. Dist. LEXIS 88732 (N.D. Ind. May 10, 2021).*
Posted inProbable cause|Comments Off on N.D.Ind.: PC doesn’t require actual showing of a crime
There was probable cause for the search and seizure of defendant’s vehicle for evidence of a violent crime. The fact a plain view wasn’t possible at the moment of the stop doesn’t mean there wasn’t. The police department with the vehicle was actively investigating and the ten day delay in getting a search warrant wasn’t unreasonable under all the circumstances. Moreover, defendant was in custody the whole time and had a lesser possessory interest. United States v. Bridges, 2021 U.S. Dist. LEXIS 88709 (N.D. Iowa May 10, 2021):
Posted inProbable cause, Warrant execution|Comments Off on N.D.Iowa: Ten day delay in getting SW for def’s car where he was in custody and investigation was ongoing was not unreasonable
Even though Colorado has decriminalized personal use of marijuana, a dog sniff is still reasonable under federal law because possession of marijuana is still a violation of federal law because it’s unlawful for “any purpose.” United States v. Spikes, 2021 U.S. Dist. LEXIS 88589 (D. Colo. May 10, 2021).
Search of two bags defendant was carrying when he was arrested with probable cause were subject to the search incident doctrine. His restraint before the search did not make them unreasonable. United States v. Henderson, 2021 U.S. Dist. LEXIS 88379 (S.D. Ohio May 10, 2021).
A citizen’s complaint that defendant was harassing her on the street and she was “shaken up” was reasonable suspicion for an encounter when she reported it to the police. United States v. Anderson, 2021 U.S. Dist. LEXIS 88424 (D.N.M. May 10, 2021).*
Plaintiff showed a factual dispute to deny summary judgment to the officer that he unreasonably shot her when she got out of her car with her hands up. Huff v. Reeves, 2021 U.S. App. LEXIS 13784 (10th Cir. May 10, 2021).*
Defendant who orchestrated delivery of a package whose name wasn’t on it as sender or recipient had standing in the package. United States v. Williams, 2021 U.S. Dist. LEXIS 88747 (N.D. Ill. May 10, 2021):
"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.
