W.D.Mo.: Illegal Terry frisk led to subsequent searches after arrest warrant found; no suppression under Strieff

Defendant’s Terry frisk was invalid, but the existence of a warrant for his arrest requires that the subsequent searches not be suppressed under Strieff. United States v. Sisco, 2017 U.S. Dist. LEXIS 94761 (W.D. Mo. Jan. 11, 2017), adopted, 2017 U.S. Dist. LEXIS 94308 (W.D. Mo. June 20, 2017):
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Posted in Attenuation, Stop and frisk | Comments Off

TX9: Texas provides no exclusionary remedy for illegal search and seizure in forfeiture cases

Texas provides no exclusionary remedy for illegal search and seizure in forfeiture cases. $102,450.00 in United States Currency v. State, 2017 Tex. App. LEXIS 5761 (Tex. App. – Beaumont June 22, 2017):
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Posted in Exclusionary rule, Forfeiture | Comments Off

S.D.Cal.: Probation search waiver can’t be relied on when officers didn’t know about it at time of search

In a civil case relying on a probation search, “‘[a] Fourth Amendment search waiver cannot provide a justification for a search of a probationer where the officers were unaware of the waiver before they undertook the search.’ United States v. Job, 851 F.3d 889, 896 (9th Cir. 2017). Plaintiff has not alleged any facts about Defendants’ knowledge of his waiver before the search. Therefore, the Court cannot conclude that the searches were reasonable as a matter of law solely on the basis of Mr. Edwards’s Fourth Amendment search waiver.” Edwards v. Miracosta College, 2017 U.S. Dist. LEXIS 95992 (S.D. Cal. June 20, 2017).

Lack of findings for lifetime satellite based monitoring of defendant required reversal, so the Grady v. North Carolina issue isn’t reached. State v. Dye, 2017 N.C. App. LEXIS 458 (June 20, 2017).*

Posted in Probation / Parole search | Comments Off

D.Conn.: SW for drugs in house supported plain view of gun under mattress

There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 U.S. Dist. LEXIS 93483 (D. Conn. June 19, 2017).*

Defendant waived his appellate claim of an unconstitutional warrantless blood draw because he did not make the same argument in the trial court. He did not show defense counsel was ineffective for not arguing the blood draw’s constitutionality because he showed no prejudice because state law permitted a conviction based on an officer’s opinion of impairment, and evidence of impairment aside from the blood draw was overwhelming. State v. Perry, 2017 N.C. App. LEXIS 456 (June 20, 2017).*

Posted in Plain view, feel, smell, Scope of search, Standards of review | Comments Off

M.D.N.C.: SW for stolen tractor lawn mower didn’t support plain view in house of firearm

A search warrant for a stolen tractor lawn mower didn’t support a plain view in defendant’s house for alleged illegal firearms because they aren’t per se unlawful to possess. They could have been registered. United States v. White, 2017 U.S. Dist. LEXIS 93750 (M.D. N.C. June 19, 2017):
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Posted in Franks doctrine, Plain view, feel, smell | Comments Off

CA5: Video of police shooting shows it was justified, so QI shown

Parents alleged Fourth Amendment violations under § 1983 in the fatal shooting of their son by a police officer. Based upon a bystander’s video of the incident, a reasonable officer in defendant’s position could have concluded that the son posed a threat of serious harm. On qualified immunity, the officer’s credibility was immaterial because the video offered irrefutable proof that the officer was justified in believing the son presented a threat at the time of the shooting. Thus, the officer was entitled to qualified immunity. Guerra v. Bellino, 2017 U.S. App. LEXIS 10799 (5th Cir. June 19, 2017).

Posted in Excessive force, Qualified immunity, § 1983 / Bivens | Comments Off

PA: Nervousness alone isn’t reasonable suspicion

Nervousness alone isn’t reasonable suspicion. Commonwealth v. Morrison, 2017 PA Super 194, 2017 Pa. Super. LEXIS 456 (June 21, 2017).

Officers plainly had probable cause to search defendant’s apartment, as the affidavit for the search warrant application stated that there were signs of a struggle in the victims’ apartment, that there were two victims with stab wounds, that there were areas of blood spatter throughout the apartment, and that fresh blood was located on the entry door handle of defendant’s apartment. Bailey v. State, 2017 Ga. LEXIS 538 (June 19, 2017).*

Posted in Probable cause, Reasonable suspicion | Comments Off

CBS News: What is the future of privacy, surveillance and policing technologies under Trump?

CBS News: What is the future of privacy, surveillance and policing technologies under Trump? by Kathryn Watson:
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Posted in Surveillance technology | Comments Off

CA3: Search of prison cell didn’t violate 4A

The search of plaintiff’s prison cell and confiscation of some of his stuff wasn’t a Fourth Amendment violation. Barndt v. Wenerowicz, 2017 U.S. App. LEXIS 10754 (3d Cir. June 19, 2017).*

The officer here saw a vehicle parked outside a 24-hour storage unit at 1:25 am and stopped to inquire whether they were renters or burglars. Nobody was cooperative, and this ripened to reasonable suspicion of wrongdoing. Stolen property and drug paraphernalia were found. This led to a search warrant for his house [which was tenuous at best] saved by the good faith exception. United States v. Sisco, 2017 U.S. Dist. LEXIS 94308 (W.D. Mo. June 20, 2017).*

Posted in Reasonable expectation of privacy, Reasonable suspicion | Comments Off

OH3: Several months of pole camera surveillance violated no REP

Pole camera surveillance for several months from a telephone pole across from defendant’s house violated no Fourth Amendment expectation of privacy. The view of his house was no different than could be seen by any passersby. State v. Thomas, 2017-Ohio-4356, 2017 Ohio App. LEXIS 2420 (3d Dist. June 19, 2017).

Plaintiff’s complaint that the affidavit for the arrest warrant misstated the facts in the video is just plain wrong. There plainly was probable cause. Bailey v. City of Ann Arbor, 2017 U.S. App. LEXIS 10822 (6th Cir. June 20, 2017).*

Posted in Pole cameras, Probable cause | Comments Off