Defendant was removed from his house after a search warrant was served by the SWAT team. His false name and DOB to the officers supported his obstruction conviction. State v. Castleberry, 2020-Ohio-4233, 2020 Ohio App. LEXIS 3129 (2d Dist. Aug. 28, 2020).
“Specifically, the Court agrees with the Magistrate Judge’s conclusions that the mistakes and omissions in the search warrant application, some of which are more troubling than others, do not leave the warrant or the search that followed unsupported by probable cause. Additionally, the warrant contained enough evidence independently corroborating the information provided by the Confidential Informant (‘CI’). See Illinois v. Gates, 462 U.S. 213, 233 (1983); United States v. Haimowitz, 706 F. 2d 1549, 1555 (11th Cir. 1983).” United States v. McGee, 2020 U.S. Dist. LEXIS 155556 (M.D. Fla. Aug. 24, 2020).*
Defendant was seen in a highly battered vehicle with a broken windshield at a rest area indicating that he drove there with it in that shape. That led to the stop. A “stop stick” placed under a front wheel did not amount to an arrest. State v. Warnick, 2020-Ohio-4240, 2020 Ohio App. LEXIS 3130 (2d Dist. Aug. 28, 2020).*
The government doesn’t need a search warrant to search its own records. No case says anything like that, and there is no reasonable expectation of privacy in the private sense. United States v. Fanyo-Patchou, 2020 U.S. Dist. LEXIS 155998 (W.D. Wash. Aug. 27, 2020).*
No CoA: “Because Farris raised his Fourth Amendment challenge in a pretrial suppression motion, no reasonable jurist could debate that Stone bars his claim.” Farris v. Chapman, 2020 U.S. App. LEXIS 27284 (6th Cir. Aug. 26, 2020).*
Defendant’s stopping and failure to go through a yellow light with second left wasn’t a basis for a stop. People v. Araiza, 2020 IL App (3d) 170735, 2020 Ill. App. LEXIS 570 (Aug. 27, 2020).*
Typographical errors in a search warrant from using another warrant off a computer can be ignored if the intention of the search warrant can be determined. United States v. Abdalla, 2020 U.S. App. LEXIS 27375 (6th Cir. Aug. 27, 2020):
Defendant pled in his motion to suppress there was a knock-and-announce violation, and the government responded with affidavits that knocking would be unsafe. Unrebutted, that’s enough to deny a hearing. United States v. Moore, 2020 U.S. Dist. LEXIS 155454 (S.D. Ill. Aug. 27, 2020).
Defendant challenges the probable cause for the search warrant here, but the court recounts the wealth of information [and it isn’t even close]. “In sum, there is simply no merit whatsoever to Holland’s claim that Trooper Panchik’s affidavit, on its face, fails to supply probable cause to search 269 Cumberland Street. The detailed and thorough affidavit leaves no doubt that “the magistrate had a substantial basis for … concluding that probable cause existed.’ Miknevich, 638 F.3d at 182 (alteration in original) (quoting Gates, 462 U.S. at 238-39).” Even his Franks challenge fails because, removing the allegedly offending information, there is plenty of probable cause. United States v. Holland, 2020 U.S. Dist. LEXIS 155041 (M.D. Pa. Aug. 25, 2020).*
Posted inKnock and announce, Probable cause|Comments Off on S.D.Ill.: Govt’s affidavits knock-and-announce would be unsafe were unrebutted
An arrest outside a house, depending on the circumstances, can justify a protective sweep as much as an arrest inside. Defendant also claimed that a secondary protective sweep was unreasonably intense. Even if it was, it doesn’t affect the search warrant later issued on observations from the first protective sweep. Rios v. State, 2020 Tex. App. LEXIS 6896 (Tex. App. — Houston (14th Dist.) Aug. 27, 2020):
Plaintiff’s claims in substantial part attack the facts of his current detention, and it’s barred by Younger abstention. Mondragon v. County of San Diego, 2020 U.S. Dist. LEXIS 155166 (S.D. Cal. Aug. 26, 2020)*:
Defendant’s claim of lack of probable cause goes unanswered because there is plenty of evidence of consent. Harris v. State, 2020 Miss. App. LEXIS 499 (Aug. 25, 2020):*
Defendant, a 2255 petitioner, made a sufficient showing that reasonable jurists could disagree whether the Fourth Amendment claim that wasn’t pursued had merit. Therefore, the CoA is granted. Day v. Fla. Dep’t of Corr., 2020 U.S. App. LEXIS 27153 (11th Cir. Aug. 25, 2020).
The affidavit was found to have understated the CI’s roll and the ex parte hearing showed he did considerably more. The hearing enhanced the CI’s reliability for issuance of the search warrant. People v. Nettles, 2020 NY Slip Op 04776, 2020 N.Y. App. Div. LEXIS 4866 (2d Dept. Aug. 26, 2020).*
Posted inIneffective assistance, Informant hearsay|Comments Off on CA11: 2255 petitioner made a showing that reasonable jurists could disagree on merits of 4A claim not pursued, so he gets a CoA
A reasonable belief the defendant is present in a hotel room authorizes the police to enter when they have an arrest warrant for him, even though the motel room is not his “home.” In addition, forcing him to crawl out of the room because of fear of a weapon wasn’t unreasonable. United States v. Mastin, 2020 U.S. App. LEXIS 27136 (11th Cir. Aug. 26, 2020):
Posted inArrest or entry on arrest|Comments Off on CA11: Arrest warrant permits arrest of def in a hotel room when there’s a reasonable belief on totality he’s there
Defendant retained a reasonable expectation of privacy in a backpack that he placed in a car that he wasn’t in when it was searched. “The following circumstances established that the defendant possessed a reasonable expectation of privacy in the briefcase: (1) he stored the closed briefcase inside a locked car trunk, (2) the driver informed PRPD officers that the briefcase belonged to the defendant, (3) the defendant did not disavow ownership, and (4) the defendant was present in the vehicle. … Because the consent, inevitable discovery, and probable cause exceptions were inapplicable, the defendant’s “motion to suppress should have been granted.’” United States v. Agosto-Pacheco, 2020 U.S. Dist. LEXIS 154235 (D. P.R. Aug. 24, 2020).
The employees of a private employer have no Fourth Amendment claim or reasonable expectation of privacy against drug testing at work that they knew they were subject to. This is a private search, and they are at-will employees. Whether it was by direct observation or not didn’t matter. Lunsford v. Sterilite of Ohio, LLC, 2020-Ohio-4193, 2020 Ohio LEXIS 1907 (Aug. 26, 2020).
Articulable suspicion not needed to run a license plate. United States v. Thompson, 2020 U.S. Dist. LEXIS 154156 (D. Mont. Aug. 24, 2020).
Defense counsel wasn’t ineffective for not moving to suppress alleged overseizure of a doctor’s patient records where another similar case in this circuit said the same thing wasn’t unreasonable. El-Amin v. United States, 2020 U.S. App. LEXIS 26812 (6th Cir. Aug. 21, 2020).*
A controlled buy and a trash pull was probable cause for defendant’s house. United States v. Forte, 2020 U.S. Dist. LEXIS 153173 (W.D. Ky. Aug. 24, 2020).*
The trial court first stated that the burden on consent was on the defendant, but the ultimate findings of fact and conclusions of law concluded that the state proved it by sufficient evidence. This corrected the previous mistake, and the evidence supports the conclusion. Hunter v. State, 2020 Tex. App. LEXIS 6818 (Tex. App. – Amarillo Aug. 25, 2020).
After defendant’s arrest, the officer went back up to the car and shined his flashlight in it to see if anyone else was in it, and drugs were in plain view. Boler v. State, 2020 Miss. App. LEXIS 478 (Aug. 25, 2020).*
Defendant was arrested on probable cause of a drug offense, not a traffic violation, and the search incident of his car was lawful under Gant or the automobile exception. Therefore, defense counsel wasn’t ineffective. United States v. Casanova, 2020 U.S. Dist. LEXIS 153912 (N.D. Fla. July 24, 2020).*
Defendant’s stop by police on a mere hunch by police on a call from a prosecutor who was just shopping was without reasonable suspicion. United States v. Kelly, 2020 U.S. Dist. LEXIS 153543 (S.D. Iowa Aug. 20, 2020):
The Appeal: NYPD Expands Use Of Controversial Subpoenas To Criminal Cases by Ali Winston (“Administrative subpoenas—which do not require a judge’s approval—are typically used for the department’s internal investigations, but The Appeal has learned that they are being used in criminal cases.”)
techdirt.com: Secret Service Latest To Use Data Brokers To Dodge Warrant Requirements For Cell Site Location Data by Tim Cushing (“Another federal law enforcement agency has figured out a way to dodge warrant requirements for historical cell site location data. The Supreme Court’s Carpenter decision said these records were covered by the Fourth Amendment. But rather than comply with the ruling, agencies like the CBP and ICE are buying location data in bulk from private companies that collect this data, rather than approach service providers with warrants.”)
A third geofence warrant to attempt to determine who was around stolen prescription medication. It too is denied as overbroad. In re Search of Info. Stored at Premises Controlled by Google, 2020 U.S. Dist. LEXIS 152712 (N.D. Ill. Aug. 24, 2020):
Defendant had standing to contest a search of premises he was visiting and anticipated spending the night. He loses on the merits by his consent. United States v. Mack, 2020 U.S. Dist. LEXIS 152664 (E.D. Pa. Aug. 24, 2020).
Defendant’s cell phone search claim is denied because it is directed at the wrong phone because nothing was obtained from that phone. Studivant v. State, 2020 Ga. LEXIS 584 (Aug. 24, 2020).*
It would take 7-10 minutes to write a traffic citation, and the officer asked for consent 5 minutes into the stop and it was valid. It didn’t unreasonably extend the stop because the officer had reasonable suspicion. State v. Sexton, 2020-Ohio-4179, 2020 Ohio App. LEXIS 3083 (12th Dist. Aug. 24, 2020).*
Law.com: The Execution of Cloud Search Warrants by Peter A. Crusco (“In his Cyber Crime column, Peter A. Crusco discusses the issues raised by search warrants aimed at electronically stored information.”).
"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.
