There is no reasonable expectation of privacy in a police interview room. Defendant had been Mirandized and left alone in the room, knowing he was not free to leave, and told he was a suspect in a crime. He made a call which was overheard and her end recorded. It was admissible at trial. Wilson v. State, 2019 Ga. App. LEXIS 387 (June 25, 2019).
Defendant’s trial started on Monday. The Friday before, Carpenter was decided, and he sought leave to file a motion to suppress IP information based on that case, and it was denied. On appeal, Carpenter simply doesn’t apply to IP information. State v. Beal, 2019-Ohio-2479, 2019 Ohio App. LEXIS 2589 (9th Cir. June 17, 2019).*
Plaintiff sufficiently pled a civil Franks claim that survives summary judgment and qualified immunity. Wooden v. Armenteros, 2019 U.S. Dist. LEXIS 106113 (S.D. Fla. June 25, 2019).*
“At this stage of the proceedings, viewing the evidence in the light most favorable to the Plaintiff, the Defendants did not use excessive force. At the time of the pursuit, the officers believed that a taxi-cab driver had been shot by one of the fleeing suspects. As a result, Defendant Hardy reasonably believed that Plaintiff was armed and dangerous and deployed his K-9 until he had the Plaintiff’s hands secured.” Thus, the officer gets qualified immunity. Eberhardt v. Bradshaw, 2019 U.S. Dist. LEXIS 106114 (S.D. Fla. June 24, 2019).*
The affidavit for the search warrant was missing some material things, but adding them in showed that there was still probable cause and, thus, qualified immunity. Kapinski v. City of Albuquerque, 2019 U.S. Dist. LEXIS 105447 (D. N.M. June 24, 2019).*
The court concludes that the government lacked nexus to defendant’s home for the search warrant because the proof was just lacking. It came down to two cases with similar but still sufficiently different facts reaching seemingly contradictory results on nexus. Nevertheless, the court just can’t conclude that the officer lacked a good faith basis for believing that there was probable cause. United States v. Butler, 2019 U.S. Dist. LEXIS 104672 (E.D. Mich. June 24, 2019).*
The dashcam video supports the trial court’s finding there was a factual basis for the stop of defendant’s car for following too close. The stop led to the officer smelling marijuana coming from the car, and that supported a search. State v. Holmes, 2019-Ohio-2485, 2019 Ohio App. LEXIS 2599 (3d Dist. June 24, 2019).*
Posted inGood faith exception, Nexus|Comments Off on E.D.Mich.: The affidavit for SW didn’t show nexus, but it wasn’t so lacking that GFE still didn’t apply
Defendant was allowed to cross-examine the investigator concerning the contents of the search warrant application to impeach. The trial court’s not permitting the actual affidavit into evidence wasn’t prejudicial. Hawkins v. State, 2019 Ga. App. LEXIS 377 (June 24, 2019).
“The Court’s careful review of Officer Morse’s affidavit in support of his application for the search warrant indicates that he presented Judge Zimmerman with sufficient specific facts for the issuing Judge to conclude there was a substantial basis to believe that evidence of the child pornography could be expected to be found at Defendant’s home in Keewatin, Minnesota.” United States v. Larson, 2019 U.S. Dist. LEXIS 105195 (D. Minn. June 24, 2019).*
Posted inProbable cause|Comments Off on GA: Def was properly allowed at trial to cross-examine searching officer about contents of affidavit despite the affidavit not coming into evidence
A priority mail box was partially open and inadequately sealed in a post office on tribal lands. A baggie of apparent methamphetamine was visible inside. The post office called the tribal police, and that officer saw it too. This was within the plain view exception even though the box was partially closed. United States v. Emery, 2019 U.S. Dist. LEXIS 104812 (D.S.D. June 24, 2019).
Habeas petitioner couldn’t make a Fourth Amendment claim on habeas. His Sixth Amendment claim for not pursuing the Fourth Amendment was waived by his guilty plea. Warner v. Ryan, 2019 U.S. Dist. LEXIS 105129 (D. Ariz. June 24, 2019).*
Vermont’s new data broker registry highlights the difficulties of regulating dozens of secretive firms that buy and sell the personal information of millions of Americans.
Posted inSurveillance technology|Comments Off on WaPo: Data brokers are selling your secrets. Some states are trying to stop them. It isn’t easy.
In a stipulated evidence suppression hearing, defendant did not preserve the issue he presents for appeal. Going to the merits anyway, defendant claimed that his rented room in what was, for all appearances, a single family dwelling was reasonable. The defense presented a police witness with prior knowledge of the premises who wasn’t in on this search who was aware of the arrangement, but nothing put the officers executing the warrant on notice that there was a separate unit inside: one mailbox, one entrance, no number on the door. There was a padlock on the door, but it was partially open at the time, and the fact the door could be locked is only a factor to consider. State v. Marsh, 2019 Minn. App. LEXIS 229 (June 24, 2019).
Defendant passenger in a car had no standing to challenge the search. The search was valid in any event because it was prolonged with reasonable suspicion. United States v. Lancon, 2019 U.S. Dist. LEXIS 103562 (S.D. Ala. June 20, 2019).*
Posted inScope of search, Standing, Warrant execution|Comments Off on MN: Search of rented room in single family dwelling was reasonable under SW; it wasn’t apparent it was rented
In a case brought by the Suffolk County DA in Boston, ICE is ordered to not civilly arrest witnesses and defendants at the courthouse. At common law, witnesses were immune from civil arrest at court. The court finds nothing in the INA that shows Congressional intent to override the common law protection against civil arrest at court. Therefore, there is a likelihood of success on the merits and irreparable harm is shown. Ryan v. U.S. Immigration and Customs Enforcement, 1:19-cv-11003-IT (D.Mass. June 20, 2019): Continue reading →
Posted inImmigration arrests|Comments Off on D.Mass.: ICE civil immigration arrests at Boston state courthouse enjoined
A locked gun safe was subject to a parole search condition. United States v. Crawford, 2019 U.S. Dist. LEXIS 104527 (D. Mont. June 21, 2019).
The facts and circumstances of this case show probable cause for obtaining DNA from defendant by warrant. The state argued that a sample it took as a search incident to arrest was valid, which is not decided. [Search incident of DNA would be unconstitutional in any event because you can’t change or hide your DNA and there is no exigency.] State v. Riley, 2019 Del. Super. LEXIS 295 (June 20, 2019).*
Posted inDNA, Probation / Parole search|Comments Off on D.Mont.: Locked gun safe in house subject to parole search condition
“[T]he officers’ alleged violation of the knock-and-announce rule had nothing to do with their seizure of the gun, drugs, and cash in Diaz-Ortiz’s hotel room pursuant to their search warrant.” Relief is barred by Hudson. United States v. Diaz-Ortiz, 2019 U.S. App. LEXIS 18525 (8th Cir. June 20, 2019).
The state’s appeal of the suppression order wasn’t timely. Commonwealth v. Robertson, 2019 Ky. App. LEXIS 106 (Jun 21, 2019).*
Posted inKnock and announce|Comments Off on CA8: Failure to knock-and-announce not a suppression issue
The state argued and showed abandonment, but the trial court didn’t decide it. On appeal, the court finds that defendant abandoned his car after a police chase and he bailed out of the car and ran. State v. Guidry, 2019 La. App. LEXIS 1121 (La. App. 3 Cir. June 19, 2019).
Plaintiffs’ business search § 1983 case fails on a motion to dismiss: (1) Plaintiffs’ allegation of “invalid affidavits” fails to state a claim; (2) Individual defendants are entitled to qualified immunity as to the items seized during the search of high plains’ premises; (3) Plaintiffs do not sufficiently allege they were unconstitutionally seized; (4) Plaintiffs fail to state a claim as to the warrantless seizure of metal clips and tag. High Plains Livestock v. Co. v. Allen, 2019 U.S. Dist. LEXIS 103523 (D.N.M. June 19, 2019).*
Defendant’s Franks challenge fails for failure to even plead enough. “Appellant never alleged that the police made deliberately false statements or made statements with a reckless disregard for the truth in asserting that McKnight had witnessed the shooting.” Commonwealth v. Andrews, 2019 PA Super 198, 2019 Pa. Super. LEXIS 623 (June 21, 2019).
In an Anders brief, the search warrant was issued with probable cause. State v. Wade, 2019-Ohio-2469, 2019 Ohio App. LEXIS 2576 (2d Dist. June 21, 2019).*
Posted inUncategorized|Comments Off on PA: Franks challenge fails for failure to plead
The affidavit for search warrant was lacking probable cause, but it wasn’t “so lacking” that the good faith exception did not apply. Also, the “four corners” rule doesn’t bar a trial court from considering “all the circumstances” in deciding whether the good faith exception applies. State v. Keefer, 2019-Ohio-2419, 2019 Ohio App. LEXIS 2528 (4th Dist. June 13, 2019).
“Here, the search warrant affidavit needed only to establish probable cause that evidence of the cited crimes, or property used to commit those crimes, would be found in a search of defendant’s cell phone. For the reasons explained below, even with the allegedly omitted facts added, the affidavit did so.” United States v. Razo-Quiroz, 2019 U.S. Dist. LEXIS 103706 (E.D. Cal. June 20, 2019).*
Posted inGood faith exception, Probable cause|Comments Off on OH4: In applying GFE, court isn’t bound by the “four corners” rule because Leon requires “all the circumstances” be considered
That which was used as evidence at trial is not yet subject to return under Rule 41(g). The government responded by affidavit. United States v. Hathaway, 2019 U.S. Dist. LEXIS 104035 (C.D. Ill. June 21, 2019).
“It was error as a matter of law to require Ebert, as the proponent of a motion seeking the return of property seized from him, to prove ownership of the property seized. We thus reverse the order and remand this matter for further proceedings applying the correct burden of proof.” State v. Ebert, 303 Neb. 394 (Jun 21, 2019).
Posted inRule 41(g) / Return of property|Comments Off on C.D.Ill.: Evidence used at trial not subject to return under Rule 41(g)
The district court’s finding that the Kansas statute on racial bias in stops was violated is supported by the record. State v. Gill, 2019 Kan. App. LEXIS 40 (June 21, 2019): Continue reading →
Posted inPretext|Comments Off on KS: Trial court’s finding of probable racial bias in stop was supported by record
The CSLI order in this case was based on probable cause. It didn’t say “search warrant,” but it doesn’t have to to be one. In any event, the good faith exception was satisfied. United States v. Stachowiak, 2019 U.S. Dist. LEXIS 104340 (D. Minn. April 23, 2019), adopted, 2019 U.S. Dist. LEXIS 103901 (D. Minn. June 21, 2019).
A child sex abuse victim said defendant showed her pornography on his cell phone. That was probable cause and nexus for the phone. United States v. Hodivsky, 2019 U.S. Dist. LEXIS 104151 (S.D. Ala. June 21, 2019).*
Posted inCell site location information, Probable cause|Comments Off on D.Minn.: A court order doesn’t have to be called a “search warrant” to be one; CSLI order issued with PC
Defendant lacked standing to contest the CSLI acquisition of his co-conspirator’s cell phone when the police were looking for both. The same rule applies to his Fourth Amendment claim and his claim under Maine’s Electronic Device Location Information Act. State v. O’Donnell, 2019 ME 98, 2019 Me. LEXIS 100 (June 18, 2019).
There was probable cause to believe that defendant’s BMW had drugs in it, was seizable, and it was also forfeitable. United States v. Washington, 2019 U.S. App. LEXIS 18516 (4th Cir. June 20, 2019).*
A dog alert at the secondary checkpoint area was reasonable suspicion for a more intensive search, assuming that was required. United States v. Salazar-Ayala, 2019 U.S. Dist. LEXIS 102825 (S.D. Cal. June 18, 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.
