CA2: Cell phone search reasonable at the border

At the border, defendant’s cell phone was first manually searched and then forensically searched. Neither was unreasonable under the Fourth Amendment. United States v. Robinson, 2026 U.S. App. LEXIS 30035 (2d Cir. Oct. 1, 2026), following United States v. Alisigwe, — F.4th —, 2026 WL 2751713 (2d Cir. Sept. 17, 2026) (posted here)

There was no reasonable suspicion on the totality. The court considers all six factors the government posits, but finds them wanting on the totality. Nothing here separated defendant from other innocent travelers. United States v. Kyle, 2026 U.S. Dist. LEXIS 225052 (N.D. Okla. Oct. 1, 2026).*

A probation search and defendant’s reveal of the password to his cell phone was reasonable. The PO suspected CSAM and confirmed so a search warrant was obtained. It was all reasonable. Kerr v. State, 2026 Ind. App. LEXIS 327 (Sep. 30, 2026).*

A retaliatory misdemeanor arrest without probable cause violates clearly established law. Fambrough v. City of E. Cleveland, 2026 U.S. App. LEXIS 30136 (6th Cir. Oct. 1, 2026).*

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Reason: Border Agents Nabbed Their Phones. These Two Floridians Are Fighting Back.

Reason: Border Agents Nabbed Their Phones. These Two Floridians Are Fighting Back. by Matthew Petti (“Jalal ‘Jay’ Shehadeh had no reason to believe he was under suspicion from the government. A former assistant state attorney in Florida, he traveled frequently without problems and was preapproved for fast-track border access under the Global Entry program. And he had no problem getting through Israel’s notoriously strict airport security while visiting family in the Palestinian territories. But on the way home, U.S. Customs and Border Protection (CBP) held Shehadeh for four hours at Newark Liberty International Airport with no explanation and seized his cellphone … This week, both Shehadeh and Ph.D. student Thomas Kennedy sued CBP to get their phone data back. Although the two plaintiffs weren’t aware of each other when they sued, the cases have an uncanny resemblance to each other. Both U.S. citizens live in Florida. Both are politically outspoken. Both were traveling back from the Middle East. And both had their phones taken despite warning CBP about attorney-client privileged data. They are suing to have the government not only return their property but also delete any copies CBP made.”)

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FL3: Exclusion of evidence is a separate question from whether 4A was violated

The question of exclusion of the evidence is always separate from whether the Fourth Amendment was violated. Mercado v. State, 2026 Fla. App. LEXIS 7697 (Fla. 3d DCA Oct. 1, 2026).

Defendant’s guilty plea waived his search claim in his murder case. It didn’t matter that he wasn’t told he was waiving it. State v. Baker, 2026-Ohio-3875 (8th Dist. Oct. 1, 2026).*

Reasonable suspicion wasn’t shown from defendant’s slight criminal history, being in an alleged high crime area, and wearing a Washington Nationals hat which the Denver PD associates with gang activity [not to mention the defendant’s last name is Washington]. On the totality, there was no reasonable suspicion for a frisk of him or the car. He was always compliant and respectful to the officers and made no furtive movements. United States v. Washington, 2026 U.S. App. LEXIS 30067 (10th Cir. Oct. 1, 2026).*

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ABAJ: Could the use of AI upend privacy and security expectations in court?

ABAJ: Could the use of AI upend privacy and security expectations in court? by Amanda Robert:

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404 Media: USPS To Put Cameras in Trucks That Scan Roads for ‘Community Safety’

404 Media: USPS To Put Cameras in Trucks That Scan Roads for ‘Community Safety’ by Joseph Cox (“USPS says the cameras, put on USPS truck dashboards, will scan roads, signs, and more.”) Roving Flock or pole cameras or both?

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D.N.M.: Checking VIN number during traffic stop is reasonable

During a traffic stop, asking for identification and about travel plans and checking the VIN is reasonable under N.Y. v. Class. United States v. Sanchez, 2026 U.S. Dist. LEXIS 223586 (D.N.M. Sep. 30, 2026).

Defendant was a passenger in a traffic stop and she was handcuffed and believed she was detained since the driver was told that. Miranda applies. Traffic detainees are not normally handcuffed. United States v. Calvert, 2026 U.S. Dist. LEXIS 223163 (N.D. Iowa Sep. 30, 2026).*

2255 petitioner doesn’t show that raising his Fourth Amendment issue sooner would have changed the outcome. United States v. Abdi, 2026 U.S. Dist. LEXIS 223027 (E.D. Mich. Sep. 30, 2026).*

Even though the officer couldn’t see the driver because of window tint, under Glover it was still reasonable to assume the registered owner was the driver. United States v. Williams, 2026 U.S. Dist. LEXIS 220561 (N.D. Ala. Aug. 28, 2026).

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E.D.Ky.: Possession of firearms is ongoing crime so seldom stale

Possession of firearms is an ongoing crime, not an episodic one, so the warrant was not stale. United States v. Jefferson, 2026 U.S. Dist. LEXIS 219784 (E.D. Ky. Sep. 28, 2026).

The information in the affidavit for warrant was sufficient to show a fair probability drugs would be found, and it was not stale. The trial court erred in suppressing. State v. Melton, 2026 Ala. Crim. App. LEXIS 39 (Sep. 25, 2026).*

By the time the traffic officer asked for consent he had reasonable suspicion. United States v. Koroma, 2026 U.S. Dist. LEXIS 220887 (W.D. Pa. Sep. 28, 2026).*

Touching the fog line is reason for a stop. McGraw v. State, 2026 Ind. App. LEXIS 323 (Sep. 28, 2026).*

Posted in Probable cause, Reasonable suspicion, Staleness | Comments Off on E.D.Ky.: Possession of firearms is ongoing crime so seldom stale

CNS: Privacy class action over genetic data moves forward

Courthouse News Service: Privacy class action over genetic data moves forward by Edvard Pettersson (“A federal judge on Wednesday waved portions of a class action by people who say a San Diego-based operator of a genealogical research site allowed third parties, including Meta and law enforcement, access to their DNA profile without their permission. U.S. District Judge James Simmons Jr. partially denied a motion to dismiss the claims by Verogen Inc. and Qiagen NV, a European multinational that acquired GEDmatch.com in 2023. The judge said the plaintiffs can proceed with their claims that pertain to a purported technical loophole in GEDmatch’s PRO platform, which allowed law enforcement users to circumvent the opt-out privacy setting and run comparisons against profiles of users who had specifically restricted such access.”)

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WaPo: Florida county discovers mysterious Flock cameras with no obvious owner

WaPo: Florida county discovers mysterious Flock cameras with no obvious owner by Alex DeLuca (“Officials say they don’t know who installed the controversial cameras or how the data was being used. Residents are unnerved.”)

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D.Or.: “a person’s mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable cause to search that person.” Ybarra

There was no probable cause for defendant’s arrest just because he was around others there was probable cause for. United States v. Sentael, 2026 U.S. Dist. LEXIS 223598 (D. Or. Sep. 30, 2026)*:

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E.D.Cal.: Ptf doesn’t sufficiently allege access to private medical information violated 4A

“Plaintiff alleges that Defendants Oakden and Reynolds’s ‘unlawful access to private medical information’ violated Plaintiff’s Fourth Amendment rights. FAC at 4. Plaintiff’s vague and conclusory allegations are insufficient to establish a violation of the Fourth Amendment. See Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 570; Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984) (‘The plaintiff must allege with at least some degree of particularity overt acts which defendants engaged in that support the plaintiff’s claim.’). Further, Plaintiff ‘has not shown that [her] right to the privacy of [her] medical information … is protected by the Fourth Amendment.’ Harris v. Combs, 2024 WL 324513, at *2 (W.D. Wash. Jan. 29, 2024), appeal dismissed, 2025 WL 2171135 (9th Cir. Mar. 26, 2025). Therefore, the FAC fails to state a claim for a Fourth Amendment violation.” Hendrix v. Cal. Dep’t of Tax & Fee Admin., 2026 U.S. Dist. LEXIS 222267 (E.D. Cal. Sep. 28, 2026).

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404 Media: Surveillance Company Wants to Add Facial Recognition to Flock Cameras

404 Media: Surveillance Company Wants to Add Facial Recognition to Flock Cameras by Jason Kobler (keep in mind it only requires a software update):

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Reason: AI Facial Recognition Didn’t Put This Tennessee Grandma in Jail for 6 Months. Bad Policing Did.

Reason: AI Facial Recognition Didn’t Put This Tennessee Grandma in Jail for 6 Months. Bad Policing Did. by Autumn Billings (“Angela Lipps is suing for $10 million after a Fargo police detective ignored evidence that she was innocent and arrested her anyway.”)

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TX14: RS doesn’t even require an identifiable crime

Reasonable suspicion doesn’t even require that the officer has to articulate what crime is happening or about to happen. Williams v. State, 2026 Tex. App. LEXIS 9076 (Tex. App. – Houston (14th Dist.) Sep. 29, 2026):

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Jail searches: (1) body scan led to SW for body cavity search and (2) biometric scans reasonable

Plaintiff was subjected to an electronic body scan that led to a body cavity search with a warrant for an apparent mass inside him. This search was reasonable. Brown v. Suess, 2026 U.S. Dist. LEXIS 220823 (W.D.N.Y. Sep. 28, 2026).

Facial biometric scans of inmates in a jail violate no privacy interest. Jones v. Mata, 2026 U.S. Dist. LEXIS 220261 (N.D. Ind. Sep. 24, 2026).

A suspicionless GPS search condition for a probationer was reasonable. United States v. Taplin, 2026 U.S. Dist. LEXIS 220219 (D. Or. Sep. 28, 2026).*

Given the trial court found the officer not credible, on these facts, the order of suppression is affirmed. State v. Caughenbaugh, 2026-Ohio-3809 (5th Dist. Sep. 25, 2026).*

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D.Haw.: Ex parte communications about SW issuance doesn’t require later recusal

The fact there were ex parte communications with a judge about a wiretap warrant doesn’t require recusal of the judge. United States v. Kobayashi, 2026 U.S. Dist. LEXIS 220121 (D. Haw. Sep. 28, 2026).

Plaintiff can’t show causation for his alleged injury from excessive force, so summary judgment for the officer. Brown v. Inglehart, 2026 U.S. Dist. LEXIS 219722 (E.D. Ark. Sep. 28, 2026).*

Plaintiff’s § 1983 suit over his arrest is barred by Younger abstention because he can raise all those issues in state court first. Anderson v. Price, 2026 U.S. Dist. LEXIS 219763 (W.D.Ark. Sep. 28, 2026).*

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CA5: Bogus traffic stop can’t support frisk

Plaintiff plausibly alleged a bogus traffic stop and so the frisk lacked reasonable suspicion and violated the Fourth Amendment. This is clearly established law. Rosales v. Lewis, 2026 U.S. App. LEXIS 29016 (5th Cir. Sep. 22, 2026). (Reason article here.)

Any possible error in finding defendant’s firearm under the public safety exception to Miranda was harmless. State v. Crawford, 2026 MT 225 (Sep. 22, 2026).*

“We agree with the issuing judge that both prongs of the Aguilar-Spinelli test were satisfied by the affidavit in this case. We therefore affirm the issuing judge’s finding of probable cause and the issuance of the warrant to search Defendant’s home, and reverse the district court’s contrary conclusion.” There was a Franks challenge, too, and, while there were no good findings on that from the trial court, the court of appeals independently doesn’t find them material to probable cause. State v. Sneed, 2026 N.M. App. LEXIS 69 (Sep. 28, 2026).*

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Jezebel: One Piece of Flock Camera Data Put This Innocent Woman in Jail for 13 Days

Jezebel: One Piece of Flock Camera Data Put This Innocent Woman in Jail for 13 Days by Jim Vorel (“Police didn’t care that Lindsey Isaacs’ car was the wrong color, and wasn’t damaged. They still arrested her because of Flock data.”)”

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CA3: Coast-to-coast collective knowledge

Investigators in Pennsylvania could rely on another investigator at UCLA and combine their information for probable cause. United States v. Carter, 2026 U.S. App. LEXIS 29575 (3d Cir. Sep. 25, 2026).

Petitioner’s 2255 Franks challenge fails to “plausibly allege” falsity. Godette v. United States, 2026 U.S. Dist. LEXIS 219305 (E.D.N.C. Sep. 25, 2026).*

“[O]fficers did not violate the Fourth Amendment by approaching Medrano with their weapons drawn and ready to use. While the Officers used a high level of force, they reasonably believed that Medrano may have committed multiple serious offenses, posed a threat to their safety, and was actively on the run from a felony arrest warrant and may again attempt to flee. Accordingly, the Officers’ use of force under these circumstances was reasonable and did not violate Medrano’s Fourth Amendment rights.” Medrano v. Acosta, 2026 U.S. App. LEXIS 29486 (9th Cir. Sep. 25, 2026).*

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Reason: Border Agents Search Phones Without Warrants. This Case Asks the Supreme Court if That’s Constitutional

Reason: Border Agents Search Phones Without Warrants. This Case Asks the Supreme Court if That’s Constitutional by Tosin Akintola (“Federal appeals courts differ on whether the Fourth Amendment protects your cellphone at the border. A Texas lawyer is asking the Supreme Court to settle it.”) (“What started as a ‘narrow constitutional exception’ now ‘threatens to swallow the protection it was meant only to qualify,’ according to an amicus brief filed last week by the Cato Institute asking the Supreme Court to reconsider a petition about warrantless searches of Americans at the border. The petitioner is George Anibowei, a Texas-based immigration attorney who has, on five separate occasions when traveling internationally, been stopped and had his phone searched at the border by federal agents. The law gives agents the authority to seize and search property—including cellphones and other electronic devices—without a warrant and without suspicion when crossing a border. Federal courts have upheld this policy under the border search exception—which defers to the sovereign’s right to protect itself and requires no warrant, probable cause, or suspicion for a search—and have extended the exception to include the contents of a person’s cellphone.”) Probability of a cert grant? High.

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