Defendant claims his search was invalid for lack of knock-and-announce because, if they had announced, he could have destroyed the drugs and wouldn’t have been charged [apparently oblivious to the fact that’s one of the justification for dispensing with announcement]. Under Hudson, the exclusionary rule wouldn’t have applied anyway. [Stone v. Powell not cited.] Timmerman v. United States, 2019 U.S. Dist. LEXIS 144745 (S.D. Ga. July 25, 2019), adopted, 2019 U.S. Dist. LEXIS 144658 (S.D. Ga. Aug. 26, 2019).
The agency had the authority to conduct inspections of appellee’s newly constructed apartments to see whether they were up to code, but there was no finding by the district court that the administrative warrant was issued on probable cause. Remanded. N.M. Constr. Indus. Div. & Manufactured Hous. Div. v. Cohen, 2019 N.M. App. LEXIS 109 (Aug. 23, 2019).
Posted inAdministrative search, Knock and announce|Comments Off on S.D.Ga.: Lack of announcement doesn’t invoke exclusionary rule; def argued he was entitled to announcement to be able to dispose of his drugs
Appellant failed to put the affidavit for search warrant into evidence at the suppression hearing, so it is unavailable for review on whether it showed probable cause. State v. Hill, 2019-Ohio-3432, 2019 Ohio App. LEXIS 3524 (5th Dist. Aug. 27, 2019).
Plaintiff’s decedent was apparently not a well man, and he was violently jerked from his truck and his face was slammed into the pavement. He died shortly thereafter. There is a fact question for trial. “And even if some force were constitutionally reasonable, the degree of force at issue here—‘violently jerk[ing]’ Hodge out of the vehicle hard enough for him to hit the ground face-first and sustain serious injuries—would have been clearly over the line under Giannola.” Hodge v. Blount County, 2019 U.S. App. LEXIS 25752 (6th Cir. Aug. 27, 2019).*
Defendant arrested 8′ from master bedroom in a house known for drug activity justified a protective sweep of the bedroom. United States v. Pemberton, 2019 U.S. Dist. LEXIS 146615 (D. Me. May 17, 2019),* adopted, 2019 U.S. Dist. LEXIS 145167 (D. Me. Aug. 27, 2019).*
Defendant stopped in a loading zone, and police blocked him in for illegal parking, in what the court finds was a justifiable stop. The smell of marijuana from his car justified its search. United States v. Bean, 2019 U.S. App. LEXIS 25771 (7th Cir. Aug. 27, 2019).*
Defendant’s answers to basic questions and active nervousness supported the district court’s finding of reasonable suspicion. United States v. Williams, 2019 U.S. App. LEXIS 25764 (5th Cir. Aug. 27, 2019).*
Posted inProtective sweep, Reasonable suspicion|Comments Off on D.Me.: Arrest outside master bedroom of known drug house justified protective sweep of bedroom
Assuming without deciding that a state tracking warrant couldn’t be tracked outside the state, the exclusionary rule would not be applied because the officers were all clearly operating in good faith. Moreover, defendant’s committing yet another bank robbery while he was being tailed broke any causal connection. United States v. Brewer, 2019 U.S. App. LEXIS 25822 (9th Cir. Aug. 27, 2019).
Defendant should have raised his Carpenter issue with its cert grant. In a post-trial motion was waiver. United States v. Barberr, 2019 U.S. App. LEXIS 25849 (7th Cir. Aug. 27, 2019).
Louisiana tracks the LPNs of vehicles crossing from Texas on I-10. Defendant was stopped for a traffic offense and lied about his travels saying he came from within Louisiana. During their interaction, he became way more nervous. There was reasonable suspicion on the totality. United States v. Richard, 2019 U.S. Dist. LEXIS 145203 (W.D. La. July 24, 2019),* adopted, 2019 U.S. Dist. LEXIS 144063 (W.D. La. Aug. 23, 2019).*
Defendant’s patdown when he was at the scene of a shots fired call was reasonable on the totality. State v. Shough, 2019-Ohio-3431, 2019 Ohio App. LEXIS 3496 (5th Dist. Aug. 16, 2019).*
Disregard of defendant’s statutory rights in DUI tests can justify suppression of evidence. Commonwealth v. Morgan, 2019 Ky. App. LEXIS 155 (Aug. 23, 2019).*
Posted inReasonable suspicion|Comments Off on W.D.La.: Reasonable suspicion in part on a lie caught by a LPN reader
Defendant waived any claims on officer’s reliance on an APB for never having mentioned it in his motion to suppress. Commonwealth v. Santos, 2019 Mass. App. LEXIS 107 (Aug. 26, 2019).*
Defendant litigated his statement as coming from an illegal arrest and prevailed, but he didn’t challenge photographs taken during the arrest. No plain error. State v. Johnson, 2019 Tenn. Crim. App. LEXIS 518 (Aug. 23, 2019).*
Posted inBurden of pleading|Comments Off on Two on waiver for failure to litigate issues
As a mere passenger, defendant has no standing to contest a search of the car. “The Court also rejects Defendant’s argument that his state-law right to privacy somehow confers standing in this federal action. Defendant has the burden of establishing standing, and he has not cited a single authority supporting this contention.” United States v. Williams, 2019 U.S. Dist. LEXIS 145468 (M.D. La. Aug. 27, 2019).
A constable’s insurance policy doesn’t cover his shooting somebody in the line of duty where the constable was convicted of reckless homicide. Atl. Specialty Ins. Co. v. Stanley, 2019 U.S. App. LEXIS 25501 (6th Cir. Aug. 23, 2019).*
Posted inStanding|Comments Off on M.D.La.: State privacy law confers no additional standing in federal court
Police entry into defendant’s backyard in search of a severely malnourished dog was reasonable where the police were called about a sick dog at large. State v. Glowney, 2019-Ohio-3390, 2019 Ohio App. LEXIS 3473 (2d Dist. Aug. 23, 2019).
Plaintiff’s pro se § 1983 complaint against Apple for conspiring with state actors in a cell phone search is dismissed as implausible. McFadden v. Apple Inc., 2019 U.S. App. LEXIS 25548 (3d Cir. Aug. 26, 2019).*
2255 petitioner’s search claim had already been presented on direct appeal. Warren v. United States, 2019 U.S. Dist. LEXIS 144184 (W.D. Pa. Aug. 26, 2019).*
Posted inCurtilage|Comments Off on OH2: Warrantless entry into backyard on seeing a severely malnourished dog was reasonable
Damaging a lockbox to open it under a search warrant was not unreasonable and doesn’t require suppression of its contents. Destruction of property is sometimes required to execute a search warrant: Dalia v. United States. United States v. Boeke, 2019 U.S. Dist. LEXIS 143127 (D. Mont. Aug. 23, 2019).
The anticipatory search warrant for two packages from Las Vegas to New Hampshire was with probable cause and was particular. United States v. Moss, 2019 U.S. App. LEXIS 25573 (1st Cir. Aug. 26, 2019).*
“Accordingly, based upon our application of the Brown factors in a circumstance markedly similar to Strieff, we conclude that Defendant’s arrest warrant was an intervening cause that broke the causal chain between Officer Townsend’s unlawful detention of Defendant and the seizure, of evidence from Defendant after his arrest.” State v. Edwards, 2019 N.M. App. LEXIS 107 (Aug. 22, 2019).
The district court erred in excluding statistical evidence offered by plaintiff in an attempt to show that one officer selectively enforced laws against Black drivers. Remanded for more development of the record. Johnson v. Holmes, 2019 U.S. App. LEXIS 25566 (4th Cir. Aug. 26, 2019).*
The state’s search warrant for defendant’s DNA has zero nexus to the murder he was being investigated for on a gun. The state’s alternative argument that DNA can be collected by the search incident doctrine 11 hours later is rejected. State v. Riley, 2019 Del. Super. LEXIS 400 (Aug. 24, 2019).
On the totality of circumstances, there was reasonable suspicion for stopping defendant for suspected DUI. State v. Godfrey, 2019-Ohio-3426, 2019 Ohio App. LEXIS 3522 (3d Dist. Aug. 26, 2019).*
Posted inDNA, Nexus, Search incident|Comments Off on DE: No nexus for def’s DNA to murder; search incident can’t be used to take DNA
There may have been a time where it was possible to go through life while remaining relatively anonymous with respect to the products and services one purchased. Those days are over.
Posted inSurveillance technology|Comments Off on The Recorder: Commentary: Is Privacy Dead in the World of the Internet of Things?
Defendant’s BAC level was obtain by subpoena without notice contrary to statute, but they were also obtained by search warrant so they would not be suppressed. The search warrant was particular enough. Dinkins v. State, 2019 Fla. App. LEXIS 12923 (Fla. 5th DCA Aug. 22, 2019). Two questions certified to the Florida Supreme Court: Continue reading →
Posted inPrivileges, Reasonable expectation of privacy|Comments Off on FL5: Existence of SW for BAC record in hospital overcame supboena without notice in violation of statute
Defendant was detained and taken to a hospital for a mental evaluation. He was made to change into hospital clothing, and his clothes were placed in a hospital property bag. The police inventory of the bag wasn’t justified because defendant wasn’t arrested, and he maintained a reasonable expectation of privacy in this belongings. There also was no proven standardized policy to follow. State v. Klase, 2019-Ohio-3392, 2019 Ohio App. LEXIS 3467 (2d Dist. Aug. 23, 2019).
The officer sought and received consent to search defendant’s car during the hiatus between requesting information on the driver and car and getting it back. Therefore, the stop was not unreasonably extended. United States v. Zarate, 2019 U.S. Dist. LEXIS 143301 (W.D. La, Aug. 23, 2019).*
Posted inConsent, Inventory|Comments Off on OH2: Def taken to hospital for mental eval couldn’t have clothes inventoried by police because of lack of arrest
The district court credited that defendant was “unusually nervous” rather than just “nervous” as a contributing factor to reasonable suspicion. Defendant was stopped for a traffic offense, and the officer asked for consent to search. Defendant asked what would happen if he refused, and the officer said that a drug dog would be used, and, if it alerted, a search would occur. Defendant signed the consent form, and the consent was not involuntary. United States v. Torres, 2019 U.S. App. LEXIS 25299 (10th Cir. Aug. 23, 2019).
Tasing an uncooperative arrestee who ignored three requests to get on the ground was reasonable under the circumstances, so plaintiff’s excessive force claim is denied. Shanaberg v. Licking County, 2019 U.S. App. LEXIS 25305 (6th Cir. Aug. 23, 2019).*
Posted inExcessive force, Reasonable suspicion|Comments Off on CA10: Dist Ct credited that defendant was “unusually nervous” rather than just “nervous” as a contributing factor to RS
Collective knowledge of police officers can provide the reasonable suspicion necessary for an officer to prolong a stop in accord with Rodriguez. Hall v. State, 2019 Ga. App. LEXIS 477 (Aug. 23, 2019).
There was probable cause for plaintiff’s arrest, even absent the disputed facts from the scenario. Morales v. Herrera, 2019 U.S. App. LEXIS 25311 (10th Cir. Aug. 23, 2019).*
Defendant’s cell phone was turned over to the police by another person in the house, but defendant refused consent. The officers already had more than probable cause, and the court finds that inevitable discovery applied, the government meeting its burden of proof. United States v. Blackburn, 2019 U.S. App. LEXIS 25317 (10th Cir. Aug. 23, 2019).*
"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.
