Just because defendant paid for the car he was a passenger in, it wasn’t his. He lacked standing in the car. State v. Scheuerman, 2021 Kan. App. LEXIS 15 (Apr. 16, 2021).
2255 petitioner’s claim the video to his surveillance system was seized in violation of the Fourth Amendment is rejected on post-conviction. He had a full and fair opportunity to litigate it before conviction. Forrest v. United States, 2021 U.S. Dist. LEXIS 73353 (S.D. Ohio Apr. 16, 2021).*
Defendant’s arrest at the airport was with probable cause for a sex offense, and his statement is not suppressed. That statement corroborated the alleged victim’s version. King v. State, 2021 Alas. App. LEXIS 38 (Apr. 16, 2021).*
While the stop was found pretextual, but justified by reasonable suspicion of a traffic offense, it was extended unreasonably under Rodriguez and Caballes. United States v. Cole, 2021 U.S. App. LEXIS 11013 (7th Cir. Apr. 16, 2021) (dissent):
Defendant’s motion for return of his firearm should have been granted. It was taken from him when he was held for a mental examination by court order. He was entitled to the processes of the forfeiture statute for return of the firearm. State v. Leet, 2021-Ohio-1334, 2021 Ohio App. LEXIS 1304 (2d Dist. Apr. 16, 2021):
Posted inRule 41(g) / Return of property|Comments Off on OH2: Motion for return of firearm seized from def subjected to mental exam should have been granted
The state carries the burden of proving harmless error for a Fourth Amendment beyond a reasonable doubt. State v. Scott, 2021-NCSC-41, 2021 N.C. LEXIS 321 (Apr. 16, 2021).
The evidence supports that the person consenting had apparent and actual authority to consent to a search of a camper on his property. United States v. Story, 2021 U.S. Dist. LEXIS 72936 (D.S.D. Apr. 15, 2021).*
Defendant argues there wasn’t enough for reasonable suspicion. The court goes deeper into all the facts. Thus, “When the factors are viewed together, from the troopers’ point of view, combined with their training and experience, they establish the requisite reasonable suspicion to approach Ms. Martinez Nunez and to briefly detain her (and the other codefendants) in order to investigate further. After doing so, they properly seized fourteen kilograms of cocaine.” United States v. Nunez, 2021 U.S. Dist. LEXIS 72884 (W.D. Pa. Apr. 15, 2021).*
Shining a flashlight into an unmanipulated jacket pocket was not a search under the Oregon Constitution. State v. Peek, 310 Ore. App. 587, 2021 Ore. App. LEXIS 495 (Apr. 14, 2021).*
Reasonable suspicion as to the car can extend to a passenger doing nothing. This is akin to a protective sweep of a house to protect against unknown dangers. State v. Payne, 310 Ore. App. 672, 2021 Ore. App. LEXIS 500 (Apr. 14, 2021):
“The Court concludes the test-firing of the weapon was a search. It was test-fired for one sole purpose and that was to gain identifying data on the retained shell casing for subsequent submission to a database of shell casings obtained from crime scenes and test-fires. While the Court finds the action of the SPD constituted a search, it also finds that the search was a reasonable administrative procedure to identify the firearm that was lawfully in police custody. Under these circumstances the Court finds that the government had a substantial and legitimate interest in uniquely identifying a firearm in its custody. The government is entitled to know the characteristics of a deadly weapon.” United States v. Wondie, 2021 U.S. Dist. LEXIS 73109 (W.D. Wash. Apr. 15, 2021).
A trail camera in Canada near the Montana border transmitted real time to CBP officers and provided reasonable suspicion of defendant’s border crossing which resulted in a 76 mile chase. The seizure of defendant’s cell phone from the car was reasonable, and it was searched with a warrant. United States v. Neil, 2021 U.S. Dist. LEXIS 73072 (D. Mont. Apr. 15, 2021).*
Plain view or smell of a small quantity of marijuana in a car is not reasonable suspicion of “criminal” possession or importation. Here, the officer had reasonable suspicion that there was a significant quantity of fresh marijuana in the car. State v. Robinson, 310 Ore. App. 644, 2021 Ore. App. LEXIS 496 (Apr. 14, 2021):
Posted inReasonable suspicion|Comments Off on OR: State showed RS of MJ importation from California, not just from plain view or smell, sufficient to detain
When the car defendant was riding in was stopped for a red light violation, officers got the information from the passenger and ran it. They found an “investigative alert” on the passenger for a sex offender. Subsequent questioning led to admissions. He was tried and convicted of the sex offense. The court of appeals properly held that the inquiries of the passenger unreasonably extended the stop [and seems to blame the state for the “sparse” record]. People v. Bass, 2021 IL 125434, 2021 Ill. LEXIS 418 (Apr. 15, 2021):
Defendant’s general motion to suppress is denied. United States v. Knox, 2021 U.S. Dist. LEXIS 72716 (W.D. Pa. Apr. 15, 2021).
“In short, when viewing this evidence in the light most favorable to appellant, reasonable minds could only conclude that the force used by Trooper Doebrich in arresting appellant under the facts and circumstances of this case was reasonable and not excessive. Therefore, we find the trial court did not err by granting OSHP’s motion for summary judgment pursuant to Civ.R. 56(C) and dismissing appellant’s action. Accordingly, we overrule appellant’s sole assignment of error.” Pankey v. Ohio State Highway Patrol, 2021-Ohio-1317, 2021 Ohio App. LEXIS 1284 (10th Cir. Apr. 15, 2021).*
Defendant didn’t properly move to suppress but the case is remanded for other reasons, and he’ll get to do it again. Green v. Commonwealth, 2021 Va. LEXIS 36 (Apr. 15, 2021) (interesting dissent).*
Defendant’s argument responding to his detention order that there are significant potentially “dispositive” Fourth Amendment issues falls on deaf ears. United States v. Silguero, 2021 U.S. Dist. LEXIS 72565 (D.N.M. Apr. 15, 2021).*
Rodriguez complied with: “The information that Kilpela developed during the ordinary incidents of the traffic stop was more than sufficient to provide reasonable suspicion that Sanchez was involved in drug trafficking.” United States v. Sanchez, 2021 U.S. App. LEXIS 10761 (9th Cir. Apr. 15, 2021).*
Defendant’s Franks proffer failed. There were 17 paragraphs of probable cause, and the challenged portion, removed from the affidavit, doesn’t undermine the probable cause. State v. Thorpe, 2021-Ohio-1295 (8th Dist. Apr. 14, 2021).*
Posted inFranks doctrine, Reasonable suspicion|Comments Off on D.N.M.: Detention hearing argument that there were “dispositive” 4A issues goes nowhere
The inaccuracies in the search warrant the officer sought weren’t enough to misidentify the place to be searched. Therefore, defendants didn’t violate clearly established law. Hill v. County of Benewah, 2021 U.S. App. LEXIS 10781 (9th Cir. Apr. 15, 2021).*
The handcuffing of the minor plaintiff objectively was not unreasonable or excessive. M. M. v. County of San Mateo, 2021 U.S. App. LEXIS 10771 (9th Cir. Apr. 15, 2021).*
Plaintiff’s statute of limitations for false arrest began to run when he was released on bail. Heter v. City of Hutchinson, 2021 U.S. App. LEXIS 10788 (10th Cir. Apr. 15, 2021).*
Reasonable suspicion is all that’s required for a search of a person on supervised release. United States v. Pope, 2021 U.S. App. LEXIS 10751 (6th Cir. Apr. 13, 2021).*
Defendant doesn’t get a Franks hearing that the officer knew or should have known that his CI actually went into defendant’s apartment based on video surveillance that allegedly would disprove it. He doesn’t show that the video shows what he claims and it’s conclusive enough on the question. United States v. Deshields, 2021 U.S. Dist. LEXIS 71691 (M.D. Pa. Apr. 14, 2021).
The state’s appeal of suppression of defendant’s medical records obtained by subpoena and not a search warrant is denied where it would not lead to uniformity in the law. State v. Kirchner, 2021 Ark. LEXIS 76 (Apr. 15, 2021).*
On a tracking warrant for an escapee: “The Court finds that these facts, in total, are sufficient to support a finding of probable cause. … The Court also finds that the judicial officer issuing the tracking warrant had a substantial basis for concluding that a search would uncover evidence of wrongdoing, namely Martin’s alleged escape from custody. … [¶] Furthermore, the location data is nevertheless admissible under the good-faith exception. …” United States v. Martin, 2021 U.S. Dist. LEXIS 72477 (D. Minn. Apr. 15, 2021).*
Posted inFranks doctrine, Tracking warrant|Comments Off on M.D.Pa.: Franks hearing denied for speculation on what video evidence might show
Defendant’s oral motion to suppress was presented and denied. On appeal, defendant changed the specifics of the argument, and it’s not considered as presented. Saffel v. State, 2021 Ark. App. LEXIS 176 (Apr. 14, 2021).
The officer’s stop of defendant’s motorbike for alleged noncompliant ground lighting was reasonable. United States v. Smith, 2021 U.S. App. LEXIS 10664 (5rh Cir. Apr. 14, 2021).*
Accosting defendant on the street and accusing him of having a gun on him was without reasonable suspicion. Making him reveal his waistband and then frisking him was unreasonable. Golden v. United States, 2021 D.C. App. LEXIS 100 (Apr. 15, 2021).*
Assuming without deciding the probable cause question, defendant fails to prove that the good faith exception should not be applied. United States v. Parrish, 2021 U.S. App. LEXIS 10533 (4th Cir. Apr. 13, 2021).
The officer had probable cause to stop defendant for gambling on the street, and the search incident of his person revealed a gun. People v. White, 2021 IL App (1st) 191095, 2021 Ill. App. LEXIS 176 (Apr. 13, 2021).*
The officers didn’t show any authority to seize defendant before he fled. Even if they had, his flight showed no seizure occurred. Flight made reasonable suspicion. United States v. Pigford, 2021 U.S. Dist. LEXIS 71644 (E.D. Pa. Apr. 14, 2021).*
The Fire Department responded to a kitchen fire in defendant’s apartment, and they saw drugs, paraphernalia, and firearms inside. They called the police for a safety check. The officer responding didn’t know about their seeing drugs when he first arrived. His entry was still within the exigency of the immediate aftermath of the fire. The first officer called a narcotics officer who came, made observations, and then got a search warrant. The court of appeals holding that the officer would “stand in the shoes of the firefighters” is rejected. The drug officer’s entry was not in response to the fire. Her observations are stricken from the search warrant affidavit, and the remainder leaves probable cause for the search warrant based on the first officer’s observations. Martin v. State, 2021 Tex. Crim. App. LEXIS 330 (Apr. 14, 2021), rev’g Martin v. State, 576 S.W.3d 818 (Tex. App.—Fort Worth 2019).
Posted inEmergency / exigency|Comments Off on TX: Fire Dept called for police after discovery of drugs and guns; SW based on initial observations valid, narcotics officer’s later observations stricken but leaving PC
EFF: EFF Objects to Un-Warranted Police DNA Searches by Eric Weiss (“The Electronic Frontier Foundation is arguing that law enforcement officers should not be able to collect someone’s DNA or perform searches in a consumer-facing genealogy database without first obtaining a proper warrant. The organization makes the claim in an amicus brief in the Iowa Supreme Court, which was filed in conjunction with the ACLU and the ACLU of Iowa.”)
Posted inDNA|Comments Off on EFF Objects to Un-Warranted Police DNA Searches
The estate’s theory of police negligence was submitted to the jury and it adequately explained plaintiff’s constitutional tort theory. The defense relied on community caretaking function. The jury found the entry reasonable leading to the use of deadly force, and it found for the defense. Affirmed. Estate of Frazier v. Miller, 2021 MT 85, 2021 Mont. LEXIS 350 (Apr. 13, 2021).*
Under all the circumstances, pointing a Taser at plaintiff and then pushing him to the ground was reasonable force. Cunningham v. State Dep’t of State Police, 2021 U.S. App. LEXIS 10524 (6th Cir. Apr. 12, 2021).*
The video showed the force used was proportionate to need, and, thus, not excessive. Hutcheson v. Dallas County, 2021 U.S. App. LEXIS 10418 (5th Cir. Apr. 12, 2021).*
Posted inExcessive force|Comments Off on MT: Jury instructions on police negligence adequately explained const’l tort theory
The mistaken identity stop of defendant was reasonable on the totality, and, when a blunt fell to the ground, there was probable cause to go further. United States v. Smith, 2021 U.S. Dist. LEXIS 71223 (E.D. Mo. Mar. 26, 2021).
The government showed probable cause and particularity in seeking geolocation information on defendant’s cell phone for the day of a robbery to see if it put him there. United States v. Sanders, 2021 U.S. Dist. LEXIS 70948 (W.D. N.C. Apr. 13, 2021).*
Defendant in his 2254 challenges CSLI but that issue was addressed on direct appeal. Nelson v. Payne, 2021 U.S. Dist. LEXIS 71196 (E.D. Mo. Apr. 13, 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.
