A search of a defendant's internet browser history and e-mails are evidence in a murder trial in New Jersey, as shown on Court TV's website, On nurse's computer, an Internet how-to for murder:

Jurors in the trial of a fertility nurse accused of killing her husband heard Tuesday about suspicious Internet research performed on the couple's home computer before the slaying, including one Google query for "how to commit murder."

The approximately 40 searches detailed by a forensic computer examiner called by the prosecution occurred on three occasions in the weeks leading up to William McGuire's disappearance. The topics searched related to poisons, guns and death. Among them were "instant undetectable poison," "toxic insulin levels," "how to commit suicide tips" and "how to purchase guns illegally," the expert said.

Prosecutors maintain Melanie McGuire, 34, used the Internet to plot her husband's 2004 slaying. A defense attorney told jurors in his opening statement last week that the 39-year-old victim, a computer analyst, was the primary user of the Hewlett-Packard and had conducted the searches in question.

Jennifer Seymour, a former analyst for the state police's digital technology unit, told jurors there was no way technologically to tell whether the defendant, the victim or someone else in their home had performed the searches.

But under questioning by a prosecutor, she noted that her examination of the same computer uncovered romantic e-mails between Melanie McGuire and her boss, a married physician.

Foster care and social workers sought consent to enter defendant's premises to determine if the children were being properly cared for. The entry was based on consent. In that entry, defendant was found to have marijuana and drug paraphernalia in her bedroom and a valid warrant was obtained to search and seize it. Hallum v. Commonwealth, 219 S.W.3d 216 (Ky. App. 2007):

[I]n the present case, when Ms. Finnerty entered the closed bedroom to investigate the referral she had received, it was not unreasonable for the detective to enter the room because the visit was not criminal in nature. Thus, the detective did not need to receive Appellant's consent to enter the bedroom. Moreover, once Ms. Finnerty told Appellant that she was required to look in the bedroom, Appellant told her to go ahead and do so. He did not tell the detective that he could not go into the room with her.

Regardless, even if we were to assume, arguendo, that it was unreasonable for the detective to enter the bedroom and that he did so without Appellant's consent, exigent circumstances were present, so the entry was nevertheless proper. When exigent circumstances are present, such as the threat of imminent injury or the imminent destruction of evidence, police are permitted to enter a home without a search warrant.

A civil claim against a search implied the invalidity of plaintiff's conviction and was barred by Heck. Crawley v. Sirois, 2007 U.S. Dist. LEXIS 21195 (D. Conn. March 22, 2007):

A judgment in favor of the plaintiff as to the claims against defendant Amato would imply the invalidity of his conviction for possession of narcotics with intent to sell because plaintiff's racial profiling claim alleges that he was pulled over, he was searched, drugs were seized and he was arrested without probable cause. See Gibson v. Superintendent of N.J. Dep't of Law, 411 F.3d 427, 451-52 (3d Cir.2005) (stop based solely on pattern and practice of racial profiling, without any reasonable suspicion, is unlawful and evidence is excludable, and thus implies conviction was improper triggering Heck bar); Allen v. LaPorte, No. 02-CV-71361-DT, 2002 WL 1009563, at *1 (E.D. Mich. April 16, 2002) (holding Heck barred plaintiff's "racial profiling and Terry stop claims, inasmuch as those claims addresses the validity of his arrest and related state criminal proceedings."). The court concludes that the Bivens claims against defendant Amato are barred by Heck. The motion to dismiss is granted as to Bivens claims against defendant Amato in his individual capacity.

Defendant's responding to his name being called out was probable cause to detain him because of an arrest warrant for him. Search incident was valid. United States v. Thomas, 480 F.3d 878 (8th Cir. 2007).*

Plaintiffs' Franks claims were meager challenges to isolated facts that did nothing to undermine probable cause. Officers did not use excessive force in handcuffing plaintiffs. "Finally, and for all the reasons stated above, the court finds the use of handcuffs in this case to be the minimal force necessary to effectuate the safety of the officers and the occupants during the search. The use of force, in the form of handcuffs was reasonable in view of the governmental interests at stake." Bradley v. West, 2007 U.S. Dist. LEXIS 21009 (M.D. Ala. March 22, 2007).*

The plaintiff alleged that the Cook County jail conducted arbitrary penis swabbings for STDs with sloppy record keeping that did not even allow them to determine who was tested. Neither side was entitled to summary judgment, but plaintiff will get a chance to prove his case. Jackson v. Sheriff of Cook County, 2007 U.S. Dist. LEXIS 21141 (N.D. Ill. March 23, 2007).

Evidence that defendant was told that she "had a lot to lose" as to her children if she did not consent was not coercion. The officer was civil toward her until he determined she was lying about harboring a fugitive. Not all references to children are coercive, although they can be, when, for example, the officer says that the defendant will never see her kids again unless she consents. United States v. Yates, 479 F. Supp. 2d 1212 (D. Kan. 2007).*

Issuing plaintiff a criminal citation and threatening jail if he declined to sign the citation is not a seizure under the Fourth Amendment. Martinez v. Carr, 2007 U.S. App. LEXIS 7074 (10th Cir. March 27, 2007).*

Officers had more than an inchoate and unparticularized suspicion that criminal activity occurred. Officers were investigating bank robberies. By the time they stopped defendant's vehicle, it had ripened into probable cause to search the vehicle, and a warrant was not required. United States v. Lindsey, 482 F.3d 1285 (11th Cir. 2007).*

The search warrant was issued on probable cause. "Defendant's criminal history includes a conviction and an arrest for possession of a controlled substance within the previous four years. This history, coupled with a high volume of short-term traffic at the residence to be searched, corroborated the informant's first-hand observation of defendant at that residence and in possession of drugs and a firearm." United States v. Collins, 2007 U.S. Dist. LEXIS 21021 (D. Minn. March 23, 2007).*