ID: Hot pursuit to execute an arrest warrant with entry is reasonable

Hot or “fresh pursuit” to execute an arrest warrant with entry is reasonable. State v. Clark, 2021 Ida. LEXIS 55 (Mar. 30, 2021):

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D.D.C.: Requirement of a medical exam to determine if a firefighter can return to duty isn’t 4A violation

“McCrea claims that Defendants violated her Fourth Amendment right to privacy by ordering her to undergo psychological assessments that went beyond the essential functions of her job as a firefighter. … The Fourth Amendment protects an individual’s ‘reasonable expectation of privacy,’ and their right to be free from warrantless searches and seizures. … [¶] McCrea cites no legal authority for the proposition that a municipal employer engages in a ‘search’ or ‘seizure’ when it requests medical documentation in order to determine whether a firefighter is fit to return to duty.” Also, this is limited to one defendant. McCrea v. District of Columbia, 2021 U.S. Dist. LEXIS 62009 (D.D.C. Mar. 31, 2021).

When plaintiff was in a restricted area, the defendant officer told him to leave, but he didn’t. The officer grabbed his arm to escort him out, but he started shoving the officer. The use of pepper spray at that point was subject to qualified immunity. Jacobsen v. Klinefelter, 2021 U.S. App. LEXIS 9213 (8th Cir. Mar. 30, 2021).*

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S.D.N.Y.: No REP in medical questioning in jail

There is no reasonable expectation of privacy against medical questioning in a jail. Jones v. Quinones, 2021 U.S. Dist. LEXIS 59654 (S.D. N.Y. Mar. 26, 2021).

The search warrants for a business that was searched by ICE remain under seal. The ACLU’s FOIA suit fails because they aren’t yet releasable. ACLU Found. of Texas v. U.S. Dep’t of Homeland Security, 2021 U.S. Dist. LEXIS 59517 (S.D. Tex. Mar. 8, 2021).

The district court found enough nexus between defendant’s crime and his supervised release electronic device search condition. United States v. Belt, 2021 U.S. App. LEXIS 9067 (9th Cir. Mar. 29, 2021).

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W.D.N.Y.: Calling def to scene of SW execution does not permit search of def’s phone in SW for house

Defendant came to meet the police at their request after talking to them on his cell phone. They had probable cause to believe that the phone had evidence on it. Since he came in without the phone on him, it was reasonable to believe it was in his vehicle. Facebook messages from defendant on a minor’s cell phone justified a warrant for his Facebook account. United States v. McGrain, 2021 U.S. Dist. LEXIS 59838 (W.D. N.Y. Mar. 29, 2021).

Probable cause for a forfeiture is similar to the probable cause for a search warrant. Angulo-Murrieta v. City of Yuma, 2021 Ariz. App. LEXIS 67 (Mar. 30, 2021).

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NPR: When It Comes To Email, Some Prisoners Say Attorney-Client Privilege Has Been Erased

NPR: When It Comes To Email, Some Prisoners Say Attorney-Client Privilege Has Been Erased by Carrie Johnson:

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W.D.Va.: Def’s supervised release terms informed his lack of standing in someone else’s place

Defendant’s supervised release terms helped determine his lack of standing in the place searched. “Under the totality of these circumstances, the court finds that Howard does not have standing to contest the search of Morris’s home and the subsequent seizure of his phone. From the evidence presented to this court, Howard’s connection to Morris’s home was short, limited in scope and depth, and unauthorized under the terms of his supervised release, which is why he was arrested in the first place.” United States v. Stockton, 2021 U.S. Dist. LEXIS 60048 (W.D. Va. Mar. 29, 2021).

Defendant raised the lack of probable cause on direct appeal and lost. In his 2255, he raises ineffective assistance for not making a Franks challenge from the absence of a toxicology report, which is completely unavailing. Fuqua v. United States, 2021 U.S. Dist. LEXIS 59544 (M.D. Tenn. Mar. 29, 2021).*

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N.-M.: Cell phone can’t be searched when it was directed to be brought to the place of SW execution

Having one’s cell phone on his person and being directed to come to the scene of the search under a military search authorization [equivalent to a search warrant] does not permit search and seizure of the phone under Summers and Bailey. Here, however, there was an independent source for the information ultimately found, and there was thus no prejudice. United States v. Drinkert, 2021 CCA LEXIS 131 (N.-M. Ct. Crim. App. Mar. 29, 2021):

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NYT: If You Care About Privacy, It’s Time to Try a New Web Browser

NYT: If You Care About Privacy, It’s Time to Try a New Web Browser by Brian X. Chen (“A new crop of internet browsers from Brave, DuckDuckGo and others offer stronger privacy protections than what you might be used to.”)

And see NYT: Your Tinder Match Will Soon Be Able to Run a Background Check on You by Karen Levy (“The app is trying to make it easier to obtain data on potential partners. That could create more problems than it solves.”).

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CA5: Ptf’s § 1983 case over his search implies invalidity of the conviction, and it’s barred by Heck

Plaintiff’s § 1983 case against his search and seizure implies invalidity of the conviction, and it’s barred by Heck. VanBuren v. Walker, 2021 U.S. App. LEXIS 9115 (5th Cir. Mar. 29, 2021).

“As to Hoffert’s remaining claim for violation of his Fourteenth Amendment right to be free from prosecution absent probable cause, we agree such a claim was only cognizable under the Fourth Amendment; and that, because his operative counseled complaint did not invoke the Fourth Amendment, such a claim was abandoned. … We further conclude that because he abandoned any Fourth Amendment claim, the district court’s analysis and dismissal with prejudice of such a claim against Wendling was unnecessary.” Hoffert v. Westendorf, 2021 U.S. App. LEXIS 9039 (8th Cir. Mar. 29, 2021).*

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CA2: Slamming head of nonresisting arrestee excessive

The district court erred in entering summary judgment for officers in an excessive force claim. It was clearly established that slamming an unresisting detainee’s head into a car doorframe was excessive. Ketcham v. City of Mt. Vernon, 2021 U.S. App. LEXIS 8996 (2d Cir. Mar. 29, 2021).*

The defendant Denver officers surrounded plaintiff who video recorded an arrest to obtain his video. They allegedly searched his tablet to access the video, which plaintiff at first lied about having recorded. Because of a split in case law in this circuit and other circuits, the law was not clearly established enough for qualified immunity for First Amendment retaliation or unreasonable search. Frasier v. Evans, 2021 U.S. App. LEXIS 9076 (10th Cir. Mar. 29, 2021).*

Defendant officers’ actions did not clearly violate the Fourth Amendment by being excessive force. Therefore, qualified immunity applies. Cibulka v. City of Madison, 2021 U.S. App. LEXIS 9084 (7th Cir. Mar. 29, 2021).*

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DE: Defense counsel’s letter to client why 4A claim would fail shows def would never prevail

“Turning to Stokes’ claim that trial counsel was ineffective for failing to investigate his case and make various arguments on his behalf, the record refutes this claim. First, it is clear that trial counsel carefully considered filing a motion to suppress. The record includes a letter trial counsel sent to Stokes reviewing the information that the police relied upon to obtain a search warrant for Stokes’ residence where the police found the contraband that led to Stokes’ charges. Paragraph by paragraph, trial counsel examines contents of the warrant and explains why, in his professional opinion, a motion to suppress would not be successful.” Defense counsel wasn’t ineffective. Stokes v. State, 2021 Del. LEXIS 115 (Mar. 26, 2021). (Wise move by defense counsel. I’ve also mailed marked up copies of the affidavit showing why a motion to suppress would fail against the good faith exception or a lack of probable cause.)

Petitioner’s habeas Fourth Amendment claim is barred by Stone because he had a full and fair opportunity to litigate it in state court. Foncette v. Muse, 2021 U.S. Dist. LEXIS 58677 (D. Ariz. Mar. 26, 2021).*

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TX5: Lack of a timely return doesn’t warrant suppression despite mandatory language of statute

A lack of return isn’t a basis for suppression. “Although the requirements set forth in this provision of the code of criminal procedure appears to be mandatory, courts have consistently held that ministerial violations of the search warrant statutes do not vitiate the search warrant in the absence of a showing of prejudice.” Also, a search warrant for taking blood includes testing, and the testing doesn’t need to be within the period for execution on the blood. State v. Stanton, 2021 Tex. App. LEXIS 2343 (Tex. App. – Dallas May 26, 2021).

“To the extent Movant claims he would not have pleaded guilty had his attorney advised him that he could have filed a motion to suppress evidence for lack of probable cause to support the search warrant for his apartment, his claim fails because he has not shown that the motion to suppress was meritorious, and that there was a reasonable probability that the outcome of his case would have been different.” Xiao Chen Lin v. United States, 2021 U.S. Dist. LEXIS 58634 (N.D. Tex. Mar. 4, 2021).*

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DE: Trash container at street was not on curtilage

Defendant’s trash container at the foot of his driveway awaiting pickup was not on the curtilage. Moreover, he had no reasonable expectation of privacy in it sitting there. State v. Peart, 2021 Del. Super. LEXIS 243 (Mar. 25, 2021).

Rooker-Feldman barred any claims against state officers executing a state ex parte order that were effectively appeals of state court actions. “In winnowing would-be Rooker-Feldman cases, our Circuit uses the ‘source of the injury’ standard. … If the state court judgment is the source of the injury, then Rooker-Feldman applies. Id. But ‘[i]f there is some other source of injury, such as a third party’s actions, then the plaintiff asserts an independent claim.’” Hancock v. Miller, 2021 U.S. App. LEXIS 8929 (6th Cir. Mar. 26, 2021).*

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KY: State failed to call witnesses to show RS for extending stop for drug dog

The state failed to prove its reasonable suspicion for extending the stop. The officer alone detaining at the scene for the drug dog didn’t have the evidence. Giles v. Commonwealth, 2021 Ky. App. LEXIS 45 (Mar. 26, 2021):

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VICE: How Musicians and Sex Workers Beat Facial Recognition in New Orleans

VICE: How Musicians and Sex Workers Beat Facial Recognition in New Orleans by Carolina Sinders (“A grassroots coalition of Black youth, sex workers, and community advocates stood against the surveillance state—and won.”)

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ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home

ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home by Lenese Herbert:

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CT: Both halves of a duplex can’t be searched under a warrant for one

A search of both halves of a duplex under a search warrant for one was unreasonable and had to be suppressed. State v. Lyons, 2021 Conn. App. LEXIS 100 (Mar. 30, 2021).

Defense counsel wasn’t ineffective for not challenging the probable cause showing for the child pornography he possessed because the affidavit was clearly sufficient. United States v. Horton, 2021 U.S. Dist. LEXIS 57878 (E.D. Pa. Mar. 26, 2021).*

Plaintiff’s false arrest and illegal search claims are all time barred. Bell v. United States, 2021 U.S. Dist. LEXIS 57962 (D. N.J. Mar. 25, 2021).*

In a theft of trade secrets criminal case from Silicon Valley, the affiant officer’s omission of the fact a TRO in a civil case was denied wasn’t but negligence at worst, assuming the officer even knew of it, which was disputed. The materiality prong is moot. United States v. Chen, 2021 U.S. Dist. LEXIS 58517 (N.D. Cal. Mar. 26, 2021).*

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ND: Warrantless entry of child protective services to remove a child was unreasonable

State child services officers came to defendant’s door to take her child away. She refused and ran back into the house with officers in pursuit. This warrantless entry and a second entry to collect clothes for the child were unreasonable. Drug evidence found inside is suppressed, and the exclusionary rule should apply here. State v. Bee, 2021 ND 61, 2021 N.D. LEXIS 54 (Mar. 24, 2021):

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ND: While a shrug isn’t consent, mumbling, nodding, and lifting one’s hands can be

While a shrug isn’t consent, mumbling, nodding, and lifting one’s hands can be consent on the totality. The consent was a permissible extension of the encounter. State v. Stands, 2021 ND 46, 2021 N.D. LEXIS 43 (Mar. 24, 2021):

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CA4: Officers watching def on a CI’s tip saw a handshake which they surmised was a drug sale; no RS from a handshake

“In order to sustain reasonable suspicion, officers must consider the totality of the circumstances and, in doing so, must not overlook facts that tend to dispel reasonable suspicion. Here, officers relied on general information from a confidential informant; two interactions that officers believed were consistent with the manner in which illegal drugs are bought and sold, but in which no drugs were found; and a single officer witnessing a handshake between Appellant and another man and concluding that it was a hand-to-hand drug transaction, even though the officer did not see anything exchanged. Moreover, the officers concluded this amounted to reasonable suspicion, overlooking the facts that the interaction took place in a public space, in broad daylight, outside of the vehicles, and in front of a security camera; and after the interaction, Appellant went into a store, rather than immediately leaving the scene. On these facts, we agree with Appellant that the officers did not have more than a mere hunch that criminal activity was afoot when they stopped Appellant.” United States v. Drakeford, 2021 U.S. App. LEXIS 8889 (4th Cir. Mar. 26, 2021):

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