FourthAmendment.com

KS: Taking a DL to run wants and warrants was unreasonable; RS needed

Holding a motorist's DL longer than necessary "to know who they're dealing with" and then running warrants for curiosity was unreasonable because it extended the stop. State v. Moralez, 102342 (Kan. May 17, 2013):

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Sen. Paul, please quit bitching and do something

One can always count on the Washington Times to get the Constitution wrong. This reports on Sen. Rand Paul, and he's wrong, too. See PAUL: A staggering abuse of power / Obama acts as though we no longer have a Constitution by Rand Paul:

From the cover-up in Benghazi to letting the Internal Revenue Service (IRS) target the Tea Party to First and Fourth Amendment violations in obtaining records from the press, Mr. Obama has shown disregard for the Bill of Rights and his responsibilities as commander in chief.

Sen. Paul: It is NOT a violation of the Fourth Amendment to subpoena records like this. Smith v. Maryland, ECPA which is at least 20 years out of date. There is no federal press shield law.

You are a U.S. Senator, for God's sake. Spare us your faux BS moral indignation and do something to create a third party privacy interest by legislation. Strike while the iron is hot, as it were.

I know, that didn't work for new gun legislation, but hey, everybody knows the only section of the Bill of Rights that Republicans care about is the Second Amendment. The rest are ancient history. Prove me wrong.

D.C.Cir.: Rule 41(g) can't be used for strategic gain for possible trial

A Rule 41(g) motion for return of property that was really sought to disclose what the grand jury might be looking at. "The question is more fundamental than whether the movant seeks only to suppress evidence. The question is whether a Rule 41(g) motion is being used for strategic gain at a future hearing or trial." Here it was. Movant's preoccupation with disclosure v. return was evident. In re Sealed Case, 2013 U.S. App. LEXIS 9787 (D.C. Cir. March 5, 2013), reissued May 16, 2013):

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GA: Stopping on own and police pulling in behind is not a "stop"

Defendant pulled into a hotel parking lot behind the defendant and defendant was already stopped when the officer got out to encounter him. Defendant had all the usual signs of being under the influence. Daniels v. State, 2013 Ga. App. LEXIS 401 (May 14, 2013).*

Officers did a knock-and-talk on an apartment, and defendant let the officers in. He was acting nervous and kept putting his hands in his pockets. The officers told him to empty his pockets and he did, including drugs. This was all voluntary. State v. Reyes, 2013 La. App. LEXIS 919 (La. App. 2 Cir. May 15, 2013).*

Pro se argument on appeal that the state failed to produce a consent form when that issue wasn’t addressed in the suppression motion was waived by lack of objection at the hearing. State v. Bailey, 2013 La. App. LEXIS 933 (La. App. 2 Cir. May 15, 2013).*

The informant in this case was not a CI but was a citizen informant reporting a crime, naming himself, and being willing to be accountable for the report. That was entitled to more credence. State v. T.S., 2013 Fla. App. LEXIS 7813 (Fla. 3d DCA May 15, 2013).*

RT USA: Cell phone users ‘have no legitimate expectation of privacy’ – judge

RT USA: Cell phone users ‘have no legitimate expectation of privacy’ – judge:

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N.D.Ga.: Midnight knock-and-talk troublesome but not involuntary on totality

The nighttime (11:45pm) knock-and-talk is troublesome, but the defendants were up and the rest of the encounter shows that it was voluntary. United States v. Bearden, 2013 U.S. Dist. LEXIS 67975 (N.D. Ga. April 17, 2013):

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D.Ariz.: Defendant's refusal to tell his name or admit any link to the car he was in meant no standing

Defendant was stopped and his vehicle had the back seat removed and there was burlap fibers and marijuana stems and leaves where the seat was. He was handcuffed and refused to identify himself. He had no proof of ownership or control of the car. Bundles of marijuana were found nearby in the desert. Defendant did not show standing in the car; he put nothing on to attempt to show any link to the car. United States v. Buchanan, 2013 U.S. Dist. LEXIS 69107 (D. Ariz. May 15, 2013), R&R 2013 U.S. Dist. LEXIS 69108 (D. Ariz. March 7, 2013).

Defendant house was searched, and a gun was found and unloaded. It was reasonable for the police to control the gun to prevent its use. When defendant’s immigration status was learned, it was a felony for him to possess the firearm, and the seizure was lawful. United States v. Menjivar, 2013 U.S. Dist. LEXIS 68661 (N.D. Ga. May 14, 2013).*

Defendant pled guilty and his PSR was prepared. Five days later he filed a motion to suppress. After his guilty plea was not timely. United States v. Montes, 2013 U.S. Dist. LEXIS 68497 (E.D. Tex. April 23, 2013).