E.D.N.C.: Not asking for hearing on motion to suppress not IAC

2255 petitioner faults his lawyer for not asking for a hearing on his motion to suppress, which lost, but he doesn’t show that it mattered. Moreover, this is really just taking a shot at recharacterizing the motion to suppress, but that fails. No matter how he puts it, he can’t prevail. Fonville v. United States, 2025 U.S. Dist. LEXIS 152254 (E.D.N.C. Aug. 7, 2025):

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UT: State’s use of federal administrative subpoena to gather records for state sex crime does not require suppression

Getting the feds to administratively subpoena records for a sex offense involving a minor allegedly in violation of the Utah Electronic or Data Privacy Act (EIDPA) didn’t require suppression. State v. Andrus, 2025 UT 32 (Aug. 7, 2025):

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CA4: Dog sniff at apt. door here violated no REP

A dog sniff at defendant’s apartment door in a multi-unit complex didn’t violate any reasonable expectation of privacy. (Two unpublished cases in this circuit said that; this one’s published.) United States v. Johnson, 2025 U.S. App. LEXIS 19648 (4th Cir. Aug. 5, 2025).

There was probable cause for plaintiff’s arrest and then the search incident of his backpack. Talley v. Jackson State Univ., 2025 U.S. App. LEXIS 19727 (5th Cir. Aug. 5, 2025).*

“While Plaintiff argues that Sergeant Omey’s actions violated City law and policy, the ‘reasonableness’ standard for searches does not take account of local laws. See Virginia v. Moore, 553 U.S. 164, 178, 128 S. Ct. 1598, 170 L. Ed. 2d 559 (2008) (‘[I]t is not the province of the Fourth Amendment to enforce state law.’) Accordingly, Plaintiff has not proffered enough facts to indicate beyond a speculative level that the seizure violated Plaintiff’s rights.” Pifferini v. City of Eureka, 2025 U.S. Dist. LEXIS 149758 (N.D. Cal. Aug. 4, 2025).*

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CA5: “Fill in the blanks” arrest affidavit still showed PC

The “fill in the blanks” arrest affidavit for the Waco Twin Peaks biker shootout wasn’t fatally defective. What facts it had showed probable cause. Barnhart v. Stroman, 2025 U.S. App. LEXIS 19740 (5th Cir. Aug. 5, 2025).

Based on a CI’s story, officers had reasonable suspicion to search defendant’s apartment under his probation search condition. United States v. Garman, 2025 U.S. Dist. LEXIS 149185 (D.N.M. Aug. 4, 2025).*

The officer’s travel plans question didn’t impermissibly extend the stop, and it led to other questions and reasonable suspicion. United States v. Love, 2025 U.S. Dist. LEXIS 147985 (S.D. Tex. July 31, 2025).*

The search should not have been suppressed. The affidavit for warrant showed probable cause including the smell of marijuana, too many surveillance cameras, and 60 alleged firearms [what does that have to do with anything if he’s not a felon?] State v. Lingo, 2025 La. App. LEXIS 1445 (La. App. 1 Cir July 31, 2025).*

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VA: Drugs on the person during a stop led to PC for vehicle

The patdown of defendant’s person produced drugs. That gave probable cause to search the car too. McCoy v. Commonwealth, 2025 Va. App. LEXIS 445 (Aug. 5, 2025).

The state gets a hearing on whether there was additional information they had which was not included in the search warrant application. People v. Battle, 2025 N.Y. Misc. LEXIS 6448, 2025 NY Slip Op 51217(U) (Erie Co. July 30, 2025).*

There was no probable cause for an ion swab of defendant’s car as required in United States v. Dirksmeyer, 2025 U.S. Dist. LEXIS 8423 (D. Minn. Jan. 16, 2025), but the good faith exception still applies. United States v. Meeks, 2025 U.S. Dist. LEXIS 148982 (D. Minn. Aug. 4, 2025).

Defendant fails in his Franks duty to make a substantial preliminary showing that the falsity undermined the probable cause. United States v. Gray, 2025 U.S. Dist. LEXIS 148858 (E.D. Pa. Aug. 4, 2025).*

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TX6: Def abandoned cell phone; PC for SW didn’t matter

Defendant abandoned his cell phone, and then the police got a warrant for it. Still, it’s abandonment. Williams v. State, 2025 Tex. App. LEXIS 5777 (Tex. App. – Texarkana Aug. 5, 2025).*

The evidence supported the district court’s conclusion there was a factual basis for defendant’s stop for not signaling a turn soon enough. United States v. Cardinale, 24-2784 (8th Cir. Aug. 4, 2025).*

A tracking warrant is for movement, not contents of a vehicle. “Based on the totality of the circumstances, the Court concludes that the Tracking Affidavit set forth sufficient facts to lead a reasonably prudent person to believe there was a fair probability that tracking the Vehicle’s location may lead to evidence of criminal activity. Notman, 831 F.3d at 1088.” United States v. Verser, 2025 U.S. Dist. LEXIS 149701 (D. Minn. June 16, 2025).*

A film over the LPN making it harder to read justified this stop. United States v. Harris, 2025 U.S. Dist. LEXIS 149685 (E.D. Tex. July 3, 2025).*

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Reason: Trump’s Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens

Reason: Trump’s Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens by Damon Root:

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Geofence cert. petition filed 7/30

Chatrie v. United States, 25-112 (docket; petition; prior post):

QUESTION PRESENTED

This case concerns the constitutionality of geofence warrants. For cell phone users to use certain services, their cell phones must continuously transmit their exact locations to their service providers. A geofence warrant allows law enforcement to obtain, from the service provider, the identities of users who were in the vicinity of a particular location at a particular time.

In this case, law enforcement obtained, and served on Google, a geofence warrant seeking anonymized location data for every device within 150 meters of the location of a bank robbery within one hour of the robbery. After Google returned an initial list, law enforcement sought— without seeking an additional warrant—information about the movements of certain devices for a longer, two-hour period, and Google complied with that request as well. Then—again without seeking an additional warrant—law enforcement requested de-anonymized subscriber information for three devices. One of those devices belonged to petitioner Okello Chatrie. Based on the evidence derived from the geofence warrant, petitioner was convicted of armed robbery.

The questions presented are:

  1. Whether the execution of the geofence warrant violated the Fourth Amendment.
  2. Whether the exclusionary rule should apply to the evidence derived from the geofence warrant.
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Reason: Federal Appeals Court Rules Takings Clause Creates Cause of Action Even Without Additional Federal or State Legislation

Reason: Federal Appeals Court Rules Takings Clause Creates Cause of Action Even Without Additional Federal or State Legislation by Ilya Somin (“Victims of uncompensated takings can sue directly under the Constitution. The case involved uncompensated seizure of horses.”). Fulton v. Fulton County Board of Commissioners, 22-12041 (11th Cir. July 31, 2025):

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CA8: Post-Rodriguez, criminal history is still a relevant inquiry during a traffic stop as RS develops

Post-Rodriguez, criminal history is still a relevant inquiry during a traffic stop as reasonable suspicion develops. United States v. Moua, 24-2774 (8th Cir. Aug. 1, 2025) (2-1):

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CA9: Stay against race-based ICE stops denied

Plaintiffs and class members were Latino U.S. citizens stopped and arrested and searched by ICE based merely on race, ethnicity, and location. Based on the government’s own admissions of what it was doing, the risk of recurrence was significant enough to justify denying a stay pending appeal. Perdomo v. Noem, 25-4312 (9th Cir. Aug. 1, 2025):

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CA1: Lying in wait to stop and inventory an unlicensed vehicle driven off wasn’t unreasonable

Officers see a car they’re interested in that was uninsured, unregistered, and with an invalid license plate. They watched and waited for someone to drive off, and then they pulled it over just to impound and inventory it. That wasn’t unreasonable. United States v. Vick, 2025 U.S. App. LEXIS 19023 (1st Cir. July 30, 2025):

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M.D.Ala.: No REP from ALPR on public roads

No reasonable expectation of privacy from Automatic License Plate Readers on public roads under Carpenter. United States v. Slaybaugh, 2025 U.S. Dist. LEXIS 146107 (M.D. Ala. July 10, 2025).

A mere passenger has no standing in the car he’s riding in. United States v. Doss, 2025 U.S. Dist. LEXIS 146227 (E.D. Mich. July 30, 2025).*

Defendant was hospitalized and told she was not in custody when questioned. Miranda didn’t apply. United States v. Josytewa, 2025 U.S. Dist. LEXIS 145733 (D. Ariz. July 30, 2025).*

Defense counsel’s not filing a motion to suppress was a strategic choice, considering the overwhelming evidence of guilt. Rodriguez v. United States, 2025 U.S. Dist. LEXIS 145664 (N.D. Iowa July 30, 2025).*

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CA8 denies en banc 9-2 on a Rodriguez issue

The Eighth Circuit denies rehearing en banc in a Rodriguez case [remember Rodriguez came from the Eighth Circuit] with two dissenters: United States v. Puckett, 2025 U.S. App. LEXIS 19064 (8th Cir. July 29, 2025), Grasz with Kelly dissenting:

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TX14: No REP in electronic monitoring while on pretrial release

Updated: Defendant on electronic monitoring as a bond condition has no reasonable expectation of privacy in the GPS information. Hawkins v. State, 2025 Tex. App. LEXIS 5601 (Tex. App. – Houston (14th Dist.) July 31, 2025) (substituted opinion posted Feb. 28, 2026).

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TX1: Ambiguous statement wasn’t false under Franks

Was this ambiguity a “reckless” “false statement” under Franks? No. Rosales v. State, 2025 Tex. App. LEXIS 5608 (Tex. App. – Houston (1st Dist.) July 31, 2025):

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D.C.Cir.: Rental inspection ordinance not unconstitutional because it requires a SW if inspection refused

D.C. Code provision on rental unit inspections requires an administrative warrant if the owner refuses inspection, so it’s not facially unconstitutional. Lyle v. District of Columbia, 2025 U.S. App. LEXIS 18954 (D.C. Cir. July 29, 2025).

Two BAC results here: The first was challenged because the notice of consent was allegedly defective and the trial court suppressed. The second was by search warrant that wasn’t challenged. The first is immaterial. Reversed. State v. Coggins, 2025 Tex. App. LEXIS 5479 (Tex. App. – Houston (1st Dist.) July 29, 2025).*

Petitioner seeks a 2241 habeas as an alternative to a successor 2255 re-raising this Fourth Amendment claim, but it doesn’t fit. Crawford v. United States, 2025 U.S. Dist. LEXIS 144139 (D. Mont. July 28, 2025).*

This immigration arrest was with probable cause. United States v. Guzman, 2025 U.S. Dist. LEXIS 143963 (E.D.N.Y. July 28, 2025).*

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NJ: State const. requires SW for car parked at state police barracks after DUI arrest

Under the New Jersey Constitution, a car impounded after a DUI arrest and parked at the State Police barracks is not subject to the automobile exception. A warrant is required. State v. Fenimore, 2025 N.J. LEXIS 747 (July 30, 2025). From the syllabus:

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D.D.C.: Vague and unsupported allegations of 4A violation during pretrial crime scene walk through denied

Defendant is a pardoned Jan. 6th defendant who had a pretrial walk through at the Capitol in October 2024. He claims the AUSA and FBI tried to read his notes in violation of the Fourth Amendment. Despite his pardon, he seeks sanctions. Denied. United States v. Pope, 2025 U.S. Dist. LEXIS 143979 (D.D.C. July 28, 2025)*:

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CA1 oral argument on lobstering as heavily regulated

CNS: First Circuit unbothered by Maine’s lobster boat snooping by Thomas F. Harrison (“Because lobstering is heavily regulated, the judges seemed to think it’s OK to track the boats’ every move even when they’re used for other purposes.”)

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