W.D.Pa.: No jurisdiction for class claim against TSA seizures of cash

Plaintiffs are attempting a class action against the TSA for seizing cash from them at screening points. This case is against an administrative regulation, and the district court lacked jurisdiction. Brown v. Transp. Sec. Admin., 2026 U.S. Dist. LEXIS 28282 (W.D. Pa. Feb. 11, 2026). Airport screenings can result in cash seizures, even though it’s not illegal to travel with large sums of money:

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OH4: Inventory found pretextual

The inventory here was found pretextual by the way the officer conducted it; e.g., not using gloves until something was found [which says nothing to me]. State v. Clark, 2026-Ohio-447, 2026 Ohio App. LEXIS 510 (4th Dist. Feb. 5, 2026).

Plaintiff was the subject of an administrative warrant issued by a neutral and detached magistrate. The complaint is dismissed. Waldrop v. Colo. Dep’t of Agric., 2026 U.S. Dist. LEXIS 27532 (D. Colo. Feb. 10, 2026).*

The fact the officer involved in this search later had his own criminal problems isn’t shown to relate to this case at all. Lucas v. United States, 2026 U.S. Dist. LEXIS 27569 (W.D.N.Y. Feb. 10, 2026).*

Defendant had no reasonable expectation of privacy in his IP provider’s information. State v. Hill, 347 Or. App. 18 (Feb. 11, 2026).*

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OR: Accidentally omitted warrant from email results in suppressing search despite finding of PC and particularity

The officer emailed to the magistrate the affidavit for warrant and he thought the warrant, too. The magistrate emailed back saying she found probable cause and authorized the search. A day or two later, the officer realized the warrant was never emailed. Thus, there was no warrant, and the search was suppressed. “Again, as the Supreme Court explained in Groh, a warrant is a critical safeguard of the right to be free from unreasonable government intrusion, a right secured to Oregonians by both Article I, section 9, and the Fourth Amendment. We would erode that critical constitutional safeguard by holding that a warrant that never existed could nevertheless operate as a valid warrant.” State v. Morin, 347 Or. App. 1 (Feb. 11, 2026).

“[T]he Court concludes that Detective Jimmy Welsh made reckless omissions in his application for a search warrant, but even so, the warrant still would have been issued if the omissions were added back in.” United States v. McCullough, 2026 U.S. Dist. LEXIS 26402 (W.D. Wash. Feb. 9, 2026).*

Plaintiff was the subject of a search that led to his guilty plea and conviction. He can’t sue over that now. Gray v. Goddu, 2026 U.S. Dist. LEXIS 27080 (D. Conn. Feb. 10, 2026).*

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404 Media: With Ring, American Consumers Built a Surveillance Dragnet

404 Media: With Ring, American Consumers Built a Surveillance Dragnet by Jason Cobbler (“Ring’s ‘Search Party’ is dystopian surveillance accelerationism.”)

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D.Colo.: Prospective relief against judge-authorized administrative warrants denied

Plaintiff was the subject of an administrative warrant issued by a neutral and detached magistrate. The request for prospective relief is denied, and the complaint is dismissed. Waldrop v. Colo. Dep’t of Agric., 2026 U.S. Dist. LEXIS 27532 (D. Colo. Feb. 10, 2026).

“[T]he Court concludes that Detective Jimmy Welsh made reckless omissions in his application for a search warrant, but even so, the warrant still would have been issued if the omissions were added back in.” United States v. McCullough, 2026 U.S. Dist. LEXIS 26402 (W.D. Wash. Feb. 9, 2026).*

Plaintiff was the subject of a search that led to his guilty plea and conviction. He can’t sue over that now. Gray v. Goddu, 2026 U.S. Dist. LEXIS 27080 (D. Conn. Feb. 10, 2026).*

There was probable cause for defendant’s arrest. He had similar tattoos as shown on the suspect in the surveillance videos. United States v. Trujillo, 2026 U.S. Dist. LEXIS 27091 (D.N.M. Feb. 10, 2026).*

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D.Mont.: LPN stop was long but also supported by outstanding warrant and then consent

Defendant’s stop for an inactive LPN was reasonable. The stop, however, was overlong and quickly turned into a drug investigation. There was also a warrant on the passenger. Defendant consented to it, and she was told she could refuse. United States v. Ditonno, 2026 U.S. Dist. LEXIS 27422 (D. Mont. Feb. 10, 2026)*:

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W.D.Tenn.: No standing in GPS locator of car rented by another; also private search

Defendant had no standing to challenge the state’s use of a rental car’s GPS where another person rented the car. It was also private action. United States v. Busby, 2026 U.S. Dist. LEXIS 27276 (W.D. Tenn. Feb. 10, 2026).

This white collar fraud case showed probable cause for the document warrant, it was particular enough, and it was good enough for the good faith exception. United States v. Liburdi, 2026 U.S. Dist. LEXIS 26769 (M.D. Fla. Feb. 10, 2026).*

The fact plaintiff was seen naked in prison doesn’t state a claim. Hill v. Chester Cty. Prison, 2026 U.S. Dist. LEXIS 26777 (E.D. Pa. Feb. 9, 2026).*

Nexus was shown for defendant’s car and house because he left the house in the car to do a drug deal. United States v. Swann, 2026 U.S. Dist. LEXIS 26855 (N.D. Iowa Feb. 10, 2026).*

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OH12: Officer’s reasonable mistake on traffic violation didn’t void stop

Did defendant violate the turn signal ordinance by not signaling his turn until already stopped? It doesn’t matter. “Ultimately, though, we need not decide whether Bryant actually violated the turn-signal ordinance. Even if the answer is unclear, Officer Singleton’s stop was justified so long as he had reasonable suspicion that a violation had occurred. And he did. An officer need not be right about a traffic violation to conduct a lawful stop—he need only be reasonable. A reasonable mistake of law can still constitute reasonable, articulable suspicion to justify a traffic stop.” State v. Bryant, 2026-Ohio-389 (12th Dist. Feb. 9, 2026). Similar is United States v. Schoggins, 2026 U.S. Dist. LEXIS 26841 (E.D. Okla. Feb. 10, 2026).

The trial court granted a motion to suppress. It was pointless to have a Franks hearing after that, so that’s not an error for appeal. Weber v. State, 2026 Tex. App. LEXIS 1212 (Tex. App. – Dallas Feb. 9, 2026).*

The misstatements aren’t material to the probable cause finding. United States v. Fassero, 2026 U.S. Dist. LEXIS 26414 (C.D. Ill. Feb. 9, 2026).*

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The Verge: Amazon Ring’s Super Bowl ad sparks backlash amid fears of mass surveillance

The Verge: Amazon Ring’s Super Bowl ad sparks backlash amid fears of mass surveillance by Jennifer Touhy (“A new AI-powered Search Party feature can scan footage from neighborhood cameras to find lost dogs. Critics worry it could be used to search for people.”)

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NC: Temporary immobility of a car doesn’t prevent the automobile exception from applying

Temporary immobility of a car doesn’t prevent the automobile exception from applying. (This is after a remand for a probable cause finding. The court also discusses the good faith exception and the court must guard against the exception swallowing the exclusionary rule.) State v. Julius, 2026 N.C. App. LEXIS 86 (Feb. 4, 2026) (2-1).

The court of appeals cursorily finds the stop valid and then a consent to a dog sniff and then search. State v. Thompson, 2026-Ohio-398 (11th Dist. Feb. 9, 2026).*

There was probable cause for plaintiff’s arrest for alleged crimes he wasn’t convicted of, so he doesn’t state a claim. Hughes v. District of Columbia, 2026 U.S. Dist. LEXIS 26586 (D.D.C. Feb. 9, 2026).*

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Kavanaugh stops: Religion News Service: Cardinal Cupich says feds stopped priests, demanded citizenship proof

Religion News Service: Cardinal Cupich says feds stopped priests, demanded citizenship proof by Jack Jenkins & Aleja Hertzler-McCain (“‘I’ve had some priests who are of a different color being targeted and arrested — stopped — because of their color and asking them to prove that they’re citizens. That’s not America,’ the Chicago cardinal said.”)

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OH6: Motion to suppress alleged stop was invalid, but at hearing def switched to lack of PC for search, and that’s waived by lack of notice to state

Defendant’s motion to suppress alleged the impropriety of the stop. At the suppression hearing, however, the defense expanded it to include a lack of probable cause for a car search. The state was not on notice by the motion, and the suppression order is reversed. State v. Henderson, 2026-Ohio-380, 2026 Ohio App. LEXIS 441 (1st Dist. Feb. 6, 2026).

Reasonable suspicion isn’t needed for x-raying luggage at the border. “Nor did the officers need reasonable suspicion before cutting the luggage. The Court agrees with the Magistrate Judge that once the officers found anomalies in between the linings of the suitcases and the x-rays indicated that there were objects in those areas, the officers had sufficient suspicion to cut open the bags.” United States v. Browne, 2026 U.S. Dist. LEXIS 25858 (N.D. Ga. Feb. 6, 2026),* R&R 2025 U.S. Dist. LEXIS 273782 (N.D. Ga. Dec. 31, 2025).*

Defendant was on a Polish flagged sailboat 150 miles north of Colombia when it was stopped by the U.S. Coast Guard. The Fourth Amendment doesn’t apply to non-U.S. citizens outside of the U.S. United States v. Ballesteros, 2026 U.S. Dist. LEXIS 25840 (M.D. Fla. Feb. 9, 2026).*

Posted in Border search, Foreign searches, Waiver | Comments Off on OH6: Motion to suppress alleged stop was invalid, but at hearing def switched to lack of PC for search, and that’s waived by lack of notice to state

AL: Trial court erred in finding cell phone SW didn’t provide for seizure and then search

The search warrant for defendant’s cell phone authorized both seizure and search of the phone, and the trial court was clearly erroneous in concluding that it did not permit a search, too. (The officer admitted working off a template cell phone warrant application and warrant, not that it mattered.) State v. Blakely, 2026 Ala. Crim. App. LEXIS 4 (Feb. 6, 2026).

“The Government in this case has made a strong showing demonstrating the reliability of the CS’s information. Not only was the information provided by the CS about Swift’s physical appearance, Swift’s business, and the vehicle Swift drives-all of which was independently corroborated by the officers-there was also physical surveillance, audio surveillance, and most importantly multiple controlled buys.” [Aren’t the buys enough?] United States v. Swift, 2026 U.S. Dist. LEXIS 26116 (N.D. Ind. Feb. 9, 2026).*

Under Minnesota law, petitioner had no right to intervene in a criminal case for access to bodycams that had nothing to do with him. They were in the digital system for a motion to suppress and later became unnecessary. Hardin v. State, 2026 Minn. App. LEXIS 55 (Jan. 28, 2026).*

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Salon: AI is automating injustice in American policing

Salon: AI is automating injustice in American policing by Nicholas Liu (“AI has raised deep concerns about police power and the erosion of rights, finding scapegoats instead of solutions.”):

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E.D.Mich.: This is how federal officers treat minor victims?

In executing a sex trafficking warrant in the wintertime (Detroit, 1/14/25), the minor victim they’d pinged for her whereabouts was handcuffed and left outside for a while. It was never apparent until inside the third floor was someone’s separate residence. The warrant was validly executed, but the alleged sex trafficking victim was mistreated by taking outside without adequate clothing. [According to Weather Underground, the high that day was 21º and the low 14º.] United States v. Phillips, 2026 U.S. Dist. LEXIS 25679 n.5 (E.D. Mich. Feb. 8, 2026):

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E.D.N.C.: Random stop at military base gate validly led to DUI

Military officers working the gate at Fort Bragg had reasonable suspicion defendant was driving under the influence when he was stopped for random inspection before entry into the base. It ripened to probable cause. United States v. Lock, 2026 U.S. Dist. LEXIS 25560 (E.D.N.C. Feb. 5, 2026).

Plaintiff’s Fourth Amendment claim arose in 2018, and Colorado law gives two years. He waited until 2024 to file the claim. Dismissed. Deleon v. Linnemeyer, 2026 U.S. Dist. LEXIS 25656 (D. Colo. Feb. 6, 2026).*

The tip said defendant claimed to have 100 guns. When his house was searched, five were found. That led to a fair inference the others were in his storage unit. (As to one of the challenged searches, when no evidence is seized in a particular search, there is nothing to suppress.) United States v. Payne, 2026 U.S. Dist. LEXIS 25654 (D. Colo. Feb. 6, 2026).*

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M.D.La.: Opening the oven door during a probation home visit was reasonable, and guns were found

Defendant was under state supervision. Officers conducted a residence check and opened the oven finding three firearms. That search was reasonable. United States v. Hoang, 2026 U.S. Dist. LEXIS 24056 (M.D. La. Feb. 5, 2026).

Defendant was found sleeping in a car, and the officer saw a firearm. He asked for defendant’s ID before returning the gun, and this was reasonable for safety’s sake. United States v. Rivers, 2026 U.S. Dist. LEXIS 24121 (E.D. Mo. Jan. 6, 2026).*

Defendant was arrested for drugs and taken to jail. A search warrant was prepared, and defendant bailed out and got back in time to be there for the search. There was probable cause for the warrant. State v. Smith, 2026-Ohio-359 (7th Dist. Feb. 4, 2026).*

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IN: The fact a drug dog could alert to hemp doesn’t mean an alert isn’t PC

The fact a drug dog can alert to hemp as well as marijuana doesn’t make the dog alert violate the Fourth Amendment. Akins v. State, 2026 Ind. App. LEXIS 39 (Feb. 6, 2026):

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D.Neb.: SI valid even though def handcuffed face down

Being handcuffed on the ground doesn’t negate search incident to arrest. United States v. Dominguez, 2026 U.S. Dist. LEXIS 24803 (D. Neb. Feb. 6, 2026).

On arrest on I-235, defendant’s vehicle was subject to being towed and inventoried. The court rejects that inventory was a ruse. United States v. Ingram, 2026 U.S. Dist. LEXIS 25081 (W.D. Okla. Feb. 6, 2026).*

The state’s ability to appeal suppression or exclusion of evidence is limited to motion to suppress for constitutional violations and maybe statutory ones, not limiting 404(b) evidence. State v. Crawford, 2026 OK CR 4 (Feb. 5, 2026).*

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OH2: No REP in juvenile detention phone calls

Even in juvenile detention, there’s no reasonable expectation of privacy in jail calls. In re C.C., 2026-Ohio-374, 2026 Ohio App. LEXIS 437 (2d Dist. Feb. 6, 2026).

“Tyson, while failing to cite any binding authority in support of his position, essentially calls upon the Court to divine new Independent Source doctrine. The Court will not take up that task here.” And, he cites no authority for his proposition. United States v. Tyson, 2026 U.S. Dist. LEXIS 24648 (E.D. Va. Feb. 5, 2026).*

Having three female CBP officer shifts at the Port of Tampa at night for searches of female travelers was shown to be a BFOQ. Not Title VII violation. Anderson v. Secretary, DHS, 2026 U.S. App. LEXIS 3800 (11th Cir. Feb. 6, 2026).*

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