There is no authority shown that a state court tracking warrant on a vehicle could or could not track the vehicle into another state. Therefore, the good faith exception would apply. United States v. Taylor, 2018 U.S. Dist. LEXIS 17816 (W.D. La. Feb. 1, 2018), R&R 2017 U.S. Dist. LEXIS 216733 (W.D. La. Dec. 11, 2017).
A trash search elsewhere that produced evidence of cocaine trafficking and a Google map to defendant’s house was sufficient to show a fair probability that drugs would be found at defendant’s house, too. United States v. Morton, 2018 U.S. Dist. LEXIS 17759 (E.D. Va. Feb. 3, 2018).*
Posted inProbable cause, Tracking warrant|Comments Off on W.D.La.: No clear authority says a state court tracking warrant can’t track a car into another state; GFE applies
Plaintiff sued the Coast Guard because it subpoenaed his medical records for the merchant marine, something completely within its statutory and regulatory authority. The Coast Guard 40 years ago determined that the exclusionary rule wouldn’t be applied to medical records requests. And, only the party from whom the records are requested can move to quash. Plaintiff’s request for appointment of counsel is denied. Edenstrom v. U.S. Coast Guard, 2018 U.S. Dist. LEXIS 17740 (W.D. Wash. Feb. 2, 2018).
Officers approaching a group on an anonymous tip had no reasonable suspicion as they approached, but the suspicious actions of one gave reasonable suspicion as to him. Based on the officer’s actions, the defendant wouldn’t feel free to leave. Defendant was told to stand up, and he did, but he resisted being handcuffed, and a gun slid down his pantleg and then he fled. There was reasonable suspicion as to defendant before he fled. Cole v. State, 2018 Miss. LEXIS 54 (Feb. 1, 2018).*
Posted inAdministrative search, Reasonable suspicion|Comments Off on W.D.Wash.: Exclusionary rule wouldn’t apply to USCG’s obtaining medical records of merchant mariners (dicta)
During a knock-and-talk, defendant admitted that he had not used a particular cell phone in over a year because it had a cracked screen. He was kicked out of a house and he left it behind with other belongings. Based on his admission, the cases he seeks to fall under are distinguishable, and the court finds he abandoned the phone. United States v. Gregg, 2017 U.S. Dist. LEXIS 216412 (M.D. Fla. Dec. 14, 2017).
The decision of state officers to not arrest a co-conspirator at the earliest time was not shown to violate this defendant’s access to evidence or that they acted in bad faith. United States v. Avila, 2018 U.S. Dist. LEXIS 15900 (D. Colo. Jan. 31, 2018).* [One doesn’t have a right himself to be arrested at the earliest possible time, so how could one complain of another’s delayed arrest?]
Posted inAbandonment, Arrest or entry on arrest, Cell phones|Comments Off on M.D.Fla.: Def’s admission he hadn’t used phone in a year when he left it where he last lived supported finding abandonment
“The mistaken execution of a valid search warrant on the wrong premises does not automatically violate the Fourth Amendment.” The officers get qualified immunity for getting out when they discovered it. Thomas v. Williams, 2018 U.S. App. LEXIS 2478 (5th Cir. Feb. 1, 2018) (2-1 yet unpublished): Continue reading →
Posted in§ 1983 / Bivens, Warrant execution|Comments Off on CA5: “The mistaken execution of a valid search warrant on the wrong premises does not automatically violate the Fourth Amendment”; officer gets qualified immunity
The landlord obtained legal process to evict the tenants in an apartment, and the City Marshal changed the locks. When the tenants reentered, they were trespassers and had no legal standing or reasonable expectation of privacy. People v. McCullum, 2018 NY Slip Op 00570, 2018 N.Y. App. Div. LEXIS 550 (2d Dist. Jan. 31, 2018).
Defendant and others capable of consent were present. Defendant was arrested and in a patrol car. The police didn’t ask him for consent, and they didn’t have to. He hadn’t objected or even been asked, so Georgia v. Randolph doesn’t apply. United States v. Allen, 2018 U.S. Dist. LEXIS 14325 (W.D. Tenn. Jan. 30, 2018).*
The trash pull didn’t involve entry onto the curtilage to pick it up. The trash pull led to probable cause. The CI was corroborated, too. United States v. Willis, 2018 U.S. Dist. LEXIS 15801 (N.D. Ohio Jan. 31, 2018).*
Posted inConsent, Curtilage, Standing|Comments Off on NY2: Former evicted tenants back on premises were trespassers and had no REP
The pinging of defendant’s cell phone to find him was without a warrant. If it was constitutional error, it was harmless beyond a reasonable doubt. People v. Moorer, 2018 NY Slip Op 00754, 2018 N.Y. App. Div. LEXIS 697 (4th Dept. Feb. 2, 2018).
When independent corroboration of a CI established probable cause, there is no requirement of a hearing to establish the CI exists. People v. Johnston, 2018 NY Slip Op 00762, 2018 N.Y. App. Div. LEXIS 700 (4th Dept. Feb. 2, 2018).*
The defendant and another juvenile were pacing back and forth in front of a Mexican restaurant in a strip mall at 1:30 am as they were closing. The owner called police because he feared a robbery. When police arrived, the two ran behind the strip mall, but they were found by another officer and stopped at gun point until he had backup. The officers decided to take them home, and, at the other’s apartment, a gun was found outside. That officer told the other, and that led to a statement from this defendant. The custody was reasonable. J.G. v. State, 2018 Ind. App. LEXIS 28 (Jan. 31, 2018).*
[Spoiler alert: I agree that it is more than dubious since two branches of our government have absolutely no clue what the Fourth Amendment means. It’s like a Franks challenge: So what if the snitch was paid? (See this case posted 1/26.) The rest shows a wealth of probable cause so it’s hardly material.] Continue reading →
Posted inFISA, Franks doctrine|Comments Off on Lawfare: The Dubious Legal Claim Behind #ReleaseTheMemo
The fact defendant sought out child pornography from his work computer, coupled with the fact he had internet access at home, made it a reasonable inference that child pornography would be on his home computer. United States v. Mantha, 2018 U.S. Dist. LEXIS 14341 (D. Mass. Jan. 30, 2018).
Another Playpen warrant sustained. United States v. Spicer, 2018 U.S. Dist. LEXIS 15684 (S.D. Ohio Jan. 31, 2018);* United States v. Hinds, 2018 U.S. Dist. LEXIS 14696 (W.D. Tenn. Jan. 30, 2018).*
Defendant’s Facebook posts threatening violence were a basis to detain him, despite his First Amendment free speech claim. United States v. Daniels, 2018 U.S. Dist. LEXIS 14499 (N.D. Tex. Jan. 30, 2018).*
Posted inNexus|Comments Off on D.Mass: Seeking CP from work computer created reasonable inference he’d have CP on home computer
On a report of a man with a gun, officers went to area and found defendant who didn’t exactly match the description. As they circled the block, defendant would change directions. When they pulled up next to him, which was not yet a stop, and tried to talk to him they directed him to remove his hands from his pockets for officer safety, but he refused. All that added up to reasonable suspicion. “Appellee’s refusal to comply with Officer Schaeffer’s request to remove his hands from his pockets justified the frisk of his person for the protection of the officers, so that they could pursue their investigation without fear of violence.” Commonwealth v. Thomas, 2018 PA Super 18 (Feb. 1, 2018).
Defendant has no standing to contest what happened to a package of drugs in Ecuador as the package was transferred from CI to another, and he wasn’t even there. There was probable cause for his arrest in the United States. United States v. Hernandez-Miranda, 2018 U.S. Dist. LEXIS 14055 (C.D. Cal. Jan. 25, 2018).*
Posted inReasonable suspicion, Standing|Comments Off on PA: Furtive movements then refusing to remove hands from pockets was RS
The totality of the circumstances showed a logical nexus among burglaries, defendant’s vehicle, and defendant for placement of a GPS by court order. There was a sufficient basis for finding probable cause that defendant was the person who committed the burglaries. Defendant’s claim that the GPS couldn’t be monitored when the vehicle was in another state wasn’t preserved at the trial court. Lewis v. State, 2018 Del. LEXIS 48 (Jan. 30, 2018).
The search of defendant’s trash was properly considered in issuing the search warrant for the house. Guardarrama v. State, 2018 Del. LEXIS 49 (Jan. 30, 2018) (memorandum).*
Posted inGPS / Tracking Data|Comments Off on DE: Totality showed nexus for court ordered GPS on def’s car as suspect in burglaries
Defendant was speeding, and he was followed by the police. He failed to signal and turned into a long driveway that turned to unpaved, and the officer followed and defendant never slowed despite the police car having its lights on. Defendant slowed near the house and threw something from the driver window. He stopped, and the officer asked what was thrown, and defendant denied throwing anything. He was handcuffed and the officer and others came and looked for what was thrown. After about five minutes they found a football sized bag near the house containing 119g of methamphetamine. Defendant abandoned the bag. The officer’s entry onto the curtilage was in pursuit. State v. Snapp, 2018 Ida. App. LEXIS 4 (Jan. 31, 2018).
The motion to suppress is resolved backwards by determining that the good faith exception applies and then that there was good faith for the search, showing a cumbersome decision process. [Apparently the court has doubts about its probable cause finding, but, considering the presumption of regularity of search warrants, that was a no-brainer on all the police had.] United States v. Morrow, 2018 U.S. Dist. LEXIS 13377 (W.D. Tex. Jan. 29, 2018).*
There is no statutory or inherent authority for a court to impose a search condition as a condition of bail. The defendant is still presumed innocent and still has a reasonable expectation of privacy. In re Webb, 2018 Cal. App. LEXIS 80 (4th Dist. Jan. 31, 2018): Continue reading →
A “search and seizure warrant” not only authorized seizure of defendant’s computer but its search. “Defendant’s argument that the search warrant authorized the seizure—but not the search—of his computer, phone, and computer storage media strains the bounds of logic and law. The language of a search warrant ‘must be given a practical, rather than a hypertechnical, interpretation that is cabined by the purpose for which it issued.’” Search and seized means that. United States v. Axelson, 2018 U.S. Dist. LEXIS 13814 (D. Minn. Jan. 29, 2018).
Officers had reasonable suspicion there could be others in the basement for a protective sweep based on defendant’s taking too long to come from the basement to talk to the officers along with the fact there were other conspirators in the case. United States v. Woods, 2018 U.S. Dist. LEXIS 13655 (E.D. Pa. Jan. 29, 2018).*
The appellate Fourth Amendment claim is waived by failure to object below. State v. J.A.C., 2018-Ohio-361, 2018 Ohio App. LEXIS 364 (12th Dist. Jan. 29, 2018).*
Summary judgment was improperly granted for the government in a FTCA case that plaintiff was framed by knowingly false testimony from an arson lab analyst. Remanded. Bunch v. United States, 2018 U.S. App. LEXIS 2283 (7th Cir. Jan. 30, 2018).
“When the officers asked if he “had anything on him,” Defendant admitted that he had some marijuana. At that point in time, officers had probable cause to believe that Defendant possessed marijuana.” State v. Smith, 2018 Tenn. Crim. App. LEXIS 60 (Jan. 30, 2018).
A controlled buy from defendant’s place was probable cause. United States v. Lobo, 2018 U.S. Dist. LEXIS 13646 (D. R.I. Jan. 29, 2018).*
Defendant could properly be prosecuted for refusing a breath test, but not a blood test. State v. Wilson, 2018 Haw. App. LEXIS 25 (Jan. 26, 2018).*
Defendant was a mere passenger in the car searched, and he lacks standing to challenge it. There was justification for the stop, and the officer could smell marijuana once the car was stopped, and the search occurred thereafter. United States v. Milk, 2018 U.S. Dist. LEXIS 13856 (D.S.D. Jan. 29, 2018).*
On the totality of circumstances, the CI was adequately supported by the officer’s actions in corroborating all the information they could. Probable cause was shown. United States v. Garcia, 2018 U.S. App. LEXIS 2156 (5th Cir. Jan. 29, 2018).*
Defendant’s texting the victim gives nexus to the cell phone. There was a temporal limit on the warrant. State v. Rizzo, 2018 Del. Super. LEXIS 44 (Jan. 26, 2018)
There was reasonable suspicion for seizure of a FedEx package from the conveyor belt. The cost for shipping the package was $188, it came from a source city, the parties on the package addresses couldn’t be determined to be real. United States v. Ferguson, 2018 U.S. Dist. LEXIS 13907 (D. Minn. Jan. 29, 2018).*
The affidavit for the search warrant fairly detailed the CI’s knowledge and actions, what the officers did to corroborate, and supported probable cause. It was also stated that the CI was still subject to prosecution himself. United States v. Tomes, 2018 U.S. Dist. LEXIS 13872 (W.D. Ky. Jan. 29, 2018).*
An interactive map posted on the Internet that shows the whereabouts of people who use fitness devices such as Fitbit also reveals highly sensitive information about the locations and activities of soldiers at U.S. military bases, in what appears to be a major security oversight.
Late last month, a Manhattan judge ordered the New York City Police Department to release documentation about the department’s use of secretive and highly controversial ‘predictive policing’ surveillance technology, scoring a win for advocates of transparency on police policy. The documents came to light as part of a lawsuit against the city filed by the Brennan Center for Justice, a New York-based policy institute.
Posted inSurveillance technology|Comments Off on The Intercept: Transparency Advocates Win Release of NYPD “Predictive Policing” Documents
"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.
