There is no per se staleness. A new warrant for defendant’s DNA alleging it was previously drawn in 2005 and 2007 and matched wasn’t stale. How does DNA change? It doesn’t. United States v. Williams, 2020 U.S. Dist. LEXIS 38735 (S.D. Ga. Jan. 13, 2020), adopted, 2020 U.S. Dist. LEXIS 38430 (S.D. Ga. Mar. 4, 2020).
CSLI information obtained under a search warrant is reviewed under the same standard of review of any warrant, and, even if there was no probable cause, there is nothing but good faith here. United States v. Johnson, 2020 U.S. App. LEXIS 7021 (2d Cir. Mar. 6, 2020).
Plaintiff stated a claim that overcame qualified immunity for the police shooting death of her mentally disturbed son who wasn’t posing a sufficient threat to justify it. Crowder v. City of Manila, 2020 U.S. App. LEXIS 7026 (8th Cir. Mar. 6, 2020).*
The search of defendant’s room was six hours before the search warrant was issued. It was an investigative search and not a protective sweep. The officer admitted that he was looking for something to put in the affidavit for the search warrant. His testimony is “rather remarkable.” Deleting this information from the affidavit leaves the remainder without probable cause. The officer is called out for lying to the court, proved by the forensics on pictures taken. United States v. Mercedes-Abreu, 2020 U.S. Dist. LEXIS 38489 (D.P.R. Feb. 28, 2020):
Posted inExclusionary rule, Franks doctrine|Comments Off on D.P.R.: Search of room six hours before SW issued (not to mention lies about it) leads to suppression
The juvenile court here had justification to order a hair follicle test on defendant for drug use because of the high interest in protecting the children. The search was justified under special needs. That ultimately led to his prosecution. State v. Patterson, 2020 Tenn. Crim. App. LEXIS 166 (Mar. 5, 2020):
Posted inDrug or alcohol testing, Special needs|Comments Off on TN: Hair follicle test of parents in juvenile court on less than PC was justified by special needs doctrine
Defendant was arrested on suspicion of murder, and he had a cell phone in his pocket that he was using, his younger brother’s. The seizure of the phone was proper, but the purported inventory of the phone was not because it was for investigative purposes and exceeded any justifiable reason to search it. Commonwealth v. Barillas, 484 Mass. 250 (Mar. 6, 2020).
There was probable cause that defendant was involved in a drug deal from his car. That was enough to detain him and search the car. United States v. Walker, 2020 U.S. Dist. LEXIS 38650 (E.D. Mo. Jan. 6, 2020), adopted, 2020 U.S. Dist. LEXIS 36331 (E.D. Mo. Mar. 3, 2020).*
Posted inAutomobile exception, Inventory|Comments Off on MA: Purported inventory of cell phone was investigative and unreasonable
Defendant was carrying a backpack that police had good reason to believe contained evidence of a theft. When the police came up, the backpack was tossed over a fence but was nearby. Dropping the backpack over the fence did not nullify the probable cause the officers already had it contained evidence of theft and it was close at hand. State v. Brownlee, 2020 Ore. App. LEXIS 351 (Mar. 4, 2020).
“In addition, Pedicini’s presence in a high-crime area, in the dark, in a rental car, all provide tangible support for Trooper Skipper’s suspicion that Pedicini might be armed. [¶] Moreover, Pedicini was unusually nervous. His nervousness was pervasive and manifested itself in several odd behaviors. The very first thing Pedicini told Trooper Skipper when he approached the driver’s side window was ‘I got two pairs of pants on ’cause I was working.’ This was suspicious and, without delving into what professions require wearing two pairs of pants at the same time, was an odd way to start a conversation with a police officer during a traffic stop.” United States v. Pedicini, 2020 U.S. App. LEXIS 6956 (6th Citr. Mar. 3, 2020).*
Posted inReasonable suspicion, Search incident|Comments Off on OR: PC backpack contained evidence of theft; search incident permitted despite it being dropped over fence when police approached
Defendant gets a hearing on Microsoft’s relationship to NCMEC under Ackerman. The issue in this opinion deals with motions to quash testimony from two of three Microsoft employees. United States v. Rosenschein, 2020 U.S. Dist. LEXIS 38319 (D.N.M. Mar. 5, 2020).
Defendant was not seized when he fled from a police raid as they arrived and dropped a gun in flight. United States v. Castro-Santiago, 2020 U.S. Dist. LEXIS 38012 (D.P.R. Feb. 28, 2020).*
Defendant got in the car with the CI carrying a backpack. There was no contraband in the car until the CI brought it in. The CI was stopped for a traffic offense, which the defendant claims was deliberate by the CI to justify the stop, but the officer already appears to have probable cause for the stop based on the suspected drugs in the backpack. The drug dog already at the scene didn’t extend the stop. United States v. Green, 2020 U.S. Dist. LEXIS 38089 (C.D. Ill. Mar. 4, 2020).*
Posted inSeizure|Comments Off on D.N.M.: Motions to quash denied in hearing on Microsoft’s relationship to NCMEC under Ackerman
The clear potential for violence in a volatile domestic disturbance was exigency. “As is evident from the video, the exigency did not terminate due to the passage of time or as a result of [Off.] Sosenko’s attempts to manage the chaos. If anything, Sosenko’s continued presence only seemed to energize and fuel the fight as McDay became increasingly agitated and A.C., in turn, became increasingly invested in the fight.” United States v. McDay, 2020 U.S. Dist. LEXIS 38242 (N.D. Ohio Mar. 5, 2020).
Plaintiff plausibly alleged an excessive force claim for the force used to arrest him for a nonviolent misdemeanor offense. The district court also erred in applying Younger because plaintiff did not seek to enjoin his state court prosecution. Warren v. Houston, 2020 U.S. App. LEXIS 6943 (4th Cir. Mar. 5, 2020).*
The triggering event of an anticipatory warrant having occurred, the search warrant could be executed. The triggering event can be broadly construed. United States v. Santana, 2020 U.S. Dist. LEXIS 38086 (M.D. Pa. Mar. 5, 2020).
Plaintiff refused to get out of his vehicle, and the officer’s use of a dog on him wasn’t unreasonable on its face. The video showed the officer acting professionally and responsibly, and the most that could be said was that the officer could have called the dog off a second or two earlier. Qualified immunity applied. Ashford v. Raby, 2020 U.S. App. LEXIS 6927 (6th Cir. Mar. 5, 2020).*
Posted inAnticipatory warrant, Excessive force|Comments Off on M.D.Pa.: The triggering event in an anticipatory SW is subject to broad construction
An officer responding to a house where an assault was just reported to have occurred could stop a car backing out of the driveway because the occupant might have been involved in it. People v. Jiron, 2020 COA 36, 2020 Colo. App. LEXIS 542 (Mar. 5, 2020).
“In short, Torres-Bonilla has offered only conclusory claims that there was an unwritten custom accepting illegal seizures more broadly, but has not backed them up with any evidence. On this record, no reasonable jury could find there was a ‘widespread’ unofficial practice ‘so permanent and well settled as to constitute a custom or usage with the force of law.’ Brown, 923 F.2d at 1481 (quotations omitted and emphasis added). Accordingly, Torres-Bonilla has not provided sufficient evidence to create a genuine dispute based on his claim, and we affirm the district court’s grant of summary judgment in favor of the City of Sweetwater.” Torres-Bonilla v. City of Sweetwater, 2020 U.S. App. LEXIS 6884 (11th Cir. Mar. 5, 2020).*
Posted in§ 1983 / Bivens, Reasonable suspicion|Comments Off on CO: Officer responding to a just-occurring assault call can stop car pulling out of driveway
The address of a building is generally sufficient particularity for a search warrant. Even so, the good faith exception would apply. United States v. Wilson, 2020 U.S. Dist. LEXIS 37210 (E.D. Tex. Jan. 17, 2020), adopted, 2020 U.S. Dist. LEXIS 36571 (E.D. Tex. Mar. 3, 2020).
“Both Defendant and the Government dedicate much of their post-hearing briefs to contesting whether the July 17, 2019 search was a search incident to arrest. This Court, however, declines to address that question because the search of Defendant’s two bags was constitutional under both the plain-feel and inventory-search exceptions to the warrant requirement.” Reasonably picking up the bag resulted in a plain feel. United States v. White, 2020 U.S. Dist. LEXIS 37346 (D. Minn. Jan. 13, 2020),* adopted, 2020 U.S. Dist. LEXIS 36483 (D. Minn., Mar. 3, 2020).*
Miami Herald: Feds grab $15,000 from Miami mom’s ‘quince’ savings for daughter. Now she’s fighting back. by Jay Weaver & David Ovalle (“It would take two years for Salgado to recover her money from the DEA, which did not arrest her husband because agents discovered he had not been selling drugs, after all. The lead DEA agent admitted in a court deposition that there was no evidence supporting the allegation.”)
Posted inForfeiture|Comments Off on Miami Herald: Feds grab $15,000 from Miami mom’s ‘quince’ savings for daughter. Now she’s fighting back
Posted inPrison and jail searches, Strip search|Comments Off on Daily Press: After Virginia prisons strip searched an 8-year-old, state lawmakers passed 4 bills to limit the practice
NYDN: Mother sues Pittsburgh hospital for false-positive drug test during labor that led to child abuse probe by Theresa Braine (“A western Pennsylvania mother is suing the hospital where she gave birth after it ran a drug test without her consent that generated a false positive and sparked a baseless child abuse probe, a lawsuit says. In a seven-count civil lawsuit against Allegheny County and the University of Pittsburgh Medical Center (UPMC), Cherrell Harrington alleges that the hospital not only screened her for drugs without her knowledge but also handed the ‘questionable test results’ to child services, initiating an investigation.”)
Posted inDrug or alcohol testing|Comments Off on NYDN: Mother sues Pittsburgh hospital for false-positive drug test during labor that led to child abuse probe
Defendant was properly convicted of obstruction of a peace officer for refusing to permit a search of his blood under a search warrant. Garza v. State, 2020 WY 32, 2020 Wyo. LEXIS 34 (Mar. 4, 2020).
“Bennett-Martin cannot recover compensatory and punitive damages from Officer Plasencia, because he could have reasonably believed there was probable cause to arrest Bennett-Martin for not complying with his orders during an investigation. We need not (and do not) decide whether Officer Plasencia lacked probable cause to arrest Bennett-Martin. See, e.g., Pearson v. Callahan, 555 U.S. 223, 236 (2009).” Bennett-Martin v. Plasencia, 2020 U.S. App. LEXIS 6856 (9th Cir. Mar. 3, 2020).*
A routine traffic checkpoint complied with the Fourth Amendment where the roadblock was established to check licenses, automobile registrations, and compliance with motor vehicle laws to ensure the safe and legal operation of motor vehicles on the roadways. Defendant did not seriously dispute that the roadblock adequately advanced a significant public interest. Moreover, the checkpoint was not overly intrusive given that it was clearly visible minimally, was operated pursuant to a systematic procedure that strictly limited the discretionary authority of the deputies, and it thus reduced the potential for arbitrary treatment. Finally, deputies did not detain drivers longer than reasonably necessary to accomplish the purpose of checking a license and registration except when other facts came to light creating a reasonable suspicion of criminal activity. United States v. Moore, 2020 U.S. App. LEXIS 6805 (4th Cir. Mar. 4, 2020).
Posted inRoadblocks|Comments Off on CA4: Routine traffic checkpoint complied with 4A
An LPN search showed the DL of the owner suspended. It turned out, however, to be the result of a clerical error. The officer suspected defendant driver was under the influence. The stop was with reasonable suspicion under the Fourth Amendment. The Iowa constitution wasn’t argued, but the result would be the same. State v. Grady, 2020 Iowa App. LEXIS 244 (Mar. 4, 2020).
Speeding is reasonable suspicion for a stop. State v. Pullin, 2020-Ohio-787, 2020 Ohio App. LEXIS 706 (5th Dist. Mar. 2, 2020).*
Posted inReasonable suspicion|Comments Off on IA: DL of registered owner of car RS for stop
IRS agents’ search of the home office behind defendant’s home was reasonable and did not violate the Fourth Amendment where the search warrant described defendant’s primary residence but the office carried a different address. It was reasonable to believe the address listed on defendant’s company documents was in fact the address of the office. Moreover, no signs or markings indicated that the home office carried a separate address, and both structures were similar in appearance, were contained on a singular rectangular lot within the same fenced area, appeared to be connected by the same utility wires, and were connected by a sidewalk. United States v. Scully, 2020 U.S. App. LEXIS 6808 (5th Cir. Mar. 4, 2020).
Defendant’s traffic stop was reasonable suspicion for a detention and the smell of marijuana justified continuing it. United States v. Conley, 2020 U.S. Dist. LEXIS 37016 (W.D. La. Feb. 5, 2020),* adopted, 2020 U.S. Dist. LEXIS 36015 (W.D. La. Mar. 2, 2020).*
Posted inParticularity, Scope of search|Comments Off on CA5: Def’s office in building behind his house was properly searched under IRS SW for house/office for records where officers relied on address publicly listed
A runaway child was not an exigency justifying a warrantless entry into defendant’s home. “Today we must decide if a police officer may enter a third party’s residence without a search warrant based on a verbal request from the Iowa Department of Human Services (DHS) to take custody of a juvenile. The officer’s warrantless entry into the residence of David Putz and Carrie Carre to locate fourteen-year-old D.B. led to a search for drugs and charges against the couple. The district court denied Putz’s motion to suppress and convicted him on a stipulated record. In this appeal, Putz contests his drug convictions by arguing the officer’s entry violated his constitutional rights. Because the State failed to show a recognized exception to the warrant requirement justified that entry, we reverse the suppression ruling and remand for further proceedings consistent with this opinion. We reach the same conclusion in State v. Carre, No. 18-1584, 2020 Iowa App. LEXIS 250 (Iowa Ct. App. Mar. 4, 2020), also filed today.” State v. Putz, 2020 Iowa App. LEXIS 239 (Mar. 4, 2020).
The officers had at least a fair probability that defendant was inside for execution of the arrest warrant in Arizona and the case was indicted in New Mexico. The standards are different between the Ninth and Tenth Circuits, so which law applies? The court should apply the Tenth Circuit rule, but there was enough here to meet the Ninth Circuit’s higher standard. United States v. Maley, 2020 U.S. Dist. LEXIS 36889 (D.N.M. Mar. 3, 2020):
"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.
