The court imposing a sweat patch on plaintiff violated his state constitutional privacy rights. Lesser intrusive measures are required. Bailey-Cobb v. Snohomish Cty. Dist. Court, 2026 Wash. App. LEXIS 1871 (Aug. 17, 2026).
Plaintiff stated a claim for his severe injuries after being thrown to the ground for touching the reins of a police horse by police without apparent justification because he was not resisting. Flores v. Perez, 2026 U.S. App. LEXIS 24648 (5th Cir. Aug. 14, 2026).*
By creating an X account, defendant had no reasonable expectation of privacy in the contents of the posts. United States v. Branscum, 2026 U.S. Dist. LEXIS 184993 (W.D. Mo. June 22, 2026).*
Civil Franks claim fails for lack of materiality in the false statement. Degollado v. City of Port Lavaca, 2026 U.S. App. LEXIS 24919 (5th Cir. Aug. 18, 2026).*
The administrative search provisions of the Michigan liquor control statute don’t measure up to the Burger/Patel standards for administrative searches. Defendants’ motion for summary judgment denied. Generis Ent., LLC v. Donley, 2026 U.S. Dist. LEXIS 185142 (E.D. Mich. Aug. 18, 2026)*:
Reason: Border Agents Searched His Phone 5 Times Without a Warrant. He’s Asking the Supreme Court To Put a Stop to It. by Elizabeth Nolan Brown (“The Fourth Amendment says authorities can’t search you or your things without probable cause and a warrant. But U.S. immigration authorities have long claimed that this constitutional mandate doesn’t apply to them, at least not when it comes to searching people—including American citizens—who are entering or exiting the United States. Under current Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) policies, agents are allowed to seize and search your stuff—including your cellphone, your laptop, or any other electronic devices—without a warrant and without suspicion if you’re around the border or flying into or out of the country. It happened to George Anibowei five times. Now, he’s asking for the U.S. Supreme Court to intervene.”)
Posted inBorder search, Cell phones|Comments Off on Reason: Border Agents Searched His Phone 5 Times Without a Warrant. He’s Asking the Supreme Court To Put a Stop to It.
“This appeal is about the reasonable expectation of privacy–or the lack thereof. Kenneth Mininger secretly placed video cameras in shared rooms in his ex-wife’s house. He used these cameras to record his ex-wife’s minor daughter undressing. The police examined the SD cards attached to these cameras without a warrant and, based on the cards’ contents, obtained a warrant for Mininger’s other devices. On those devices, law enforcement found large amounts of child sexual abuse material for which Mininger was convicted. He brings a Fourth Amendment challenge, arguing that the district court should have suppressed all of this evidence and that the resulting warrant was overbroad. But, in large part because he had no reasonable expectation of privacy in the SD cards he had placed, unsecured, in a shared room in his ex-wife’s house, Mininger’s Fourth Amendment arguments fail. Accordingly, we affirm his convictions.” United States v. Mininger, 2026 U.S. App. LEXIS 24934 (11th Cir. Aug. 18, 2026).
Defendant’s permission to stay in the property searched was in dispute, and he failed to show his standing. State v. Jones, 2026 Mo. App. LEXIS 624 (Aug. 18, 2026).*
Plaintiff’s claim of false confessions sounds in the Fourth Amendment not Fourteenth. But here, the alleged false confession was never used in court. Therefore, no liability. Savory v. Andrews, 2026 U.S. App. LEXIS 24655 (7th Cir. Aug. 14, 2026)*:
This strip search of a female detainee stated a claim and overcame qualified immunity. Brown v. Wallace, 2026 U.S. App. LEXIS 24643 (5th Cir. Aug. 14, 2026):
The affidavit for warrant here provided neither nexus nor timing to address 6740. As to all around it, yes, but not there. As to timing, as to the others, yes, but all the police had as to 6740 was 13-year-old information. It was all so lacking, the court spends nine paragraphs on why the good faith exception doesn’t apply. United States v. Griffin, 2026 U.S. App. LEXIS 24629 (4th Cir. Aug. 14, 2026):
Bad faith administrative subpoenas are grounded in the Fourth Amendment, but the burden is high in showing bad faith, and plaintiffs didn’t meet it. Queerdoc, PLLC v. DOJ, 2026 U.S. App. LEXIS 24567 (9th Cir. Aug. 14, 2026) (“The prohibition against bad-faith subpoenas is also grounded in the Fourth Amendment’s requirement that a subpoena be reasonable. Golden Valley, 689 F.3d at 1113. Whether the authority rests on our inherent equitable power or on the Fourth Amendment, the inquiry remains the same.”).
Defendant had no standing to contest the search of his victim’s cell phone. State v. Carroll, 2026 S.C. App. LEXIS 54 (Aug. 12, 2026).*
Defendant’s parole search “stalking horse” argument utterly failed on the proof. United States v. Malyk, 2026 U.S. App. LEXIS 24446 (9th Cir. Aug. 13, 2026).*
The trial court’s findings of fact and conclusions of law on there being reasonable suspicion for the length of stop before the drug dog are clearly erroneous. Reversed. State v. Belony, 2026 ME 86 (Aug. 13, 2026).*
Search warrants are usually issued ex parte, and there’s no Fourth Amendment justification for advance notice to the target of the search. It avoids warning the target to destroy or hide evidence or flee. United States v. Leeper, 2026 U.S. App. LEXIS 24432 (2d Cir. Aug. 13, 2026):
“In light of totality of the circumstances of this case, we thus ask whether Plaintiff has plausibly alleged that Defendant Josephs’ repeated refusal of Plaintiff’s requests to use his own restroom rendered Plaintiff’s seizure unreasonable under the Fourth Amendment. Though we are not limited to the Graham factors we use typically to evaluate a Fourth Amendment excessive force claim, discussion of those factors is instructive. Based on the following, we find that Plaintiff has plausibly plead a § 1983 Fourth Amendment unreasonable seizure claim.” Antol v. English, 2026 U.S. App. LEXIS 24454 (6th Cir. Aug. 13, 2026).
Delaware’s search and seizure provision follows Pennsylvania’s, not the Fourth Amendment. Calm v. Taylor, 2026 Del. Ch. LEXIS 343 (Aug. 11, 2026).
“Defendant’s attempt to characterize the encounter as a roadside strip search is not supported by the record. All three officers testified that Defendant’s genitalia and buttocks remained clothed.” United States v. Nelson, 2026 U.S. Dist. LEXIS 180844 (D. Me. Aug. 13, 2026).*
Not exactly following the inventory policy doesn’t make it unreasonable under the Fourth Amendment. United States v. Maldonadochavarria, 2026 U.S. Dist. LEXIS 180956 (W.D. Mo. July 13, 2026).
“Here, King was placed in handcuffs and moved from the Rite Shop to the parking lot and placed in a police cruiser. While King was placed in handcuffs, only three minutes passed between King being placed in handcuffs in the Rite Shop and law enforcement searching the fanny pack to discover the firearm and the drugs. Indeed, upon King’s initial detention, law enforcement diligently searched for the fanny pack and found it approximately 90 seconds later. The Court accordingly finds that King’s brief detention in the police cruiser did not transform the Terry stop into a full arrest.” United States v. King, 2026 U.S. Dist. LEXIS 180922 (N.D. Ohio Aug. 13, 2026).*
Defense counsel was ineffective for not filing a plausible motion to suppress. Defense counsel was deficient in communicating with defendant and kept saying he was working on a motion to suppress but one was never filed. United States v. Jones, 2026 U.S. Dist. LEXIS 181146 (D. Kan. Aug. 13, 2026).*
Defense counsel wasn’t ineffective for not challenging a complete cell phone download as overbroad before the search because no binding case says it is. Lenon v. State, 2026 Ga. LEXIS 250 (Aug. 13, 2026).
The question is not whether plaintiff was speeding. It’s whether there was probable cause to believe he was, and it was reasonable for the officer to think that. Henderson v. Vill. of New Holland, 2026 U.S. App. LEXIS 23845 (6th Cir. Aug. 7, 2026).*
“Although the street was residential and turning on hazard lights may be an innocent act, based on the proximity to the border, characteristics of the area, Agent Egbert’s knowledge of previous unlawful border crossings in the area, and the known border crossing just north of the white Mercedes parked location, he had reasonable suspicion to conduct the investigatory stop. Because reasonable suspicion existed, no unlawful seizure occurred and thus the fhiit of the seizure need not be suppressed.” United States v. Lin, 2026 U.S. Dist. LEXIS 181512 (W.D. Wash. Aug. 13, 2026).*
One of the Project Veritas search warrant affidavits is partially redacted for privacy of some people and ordered filed. Redactions must be limited. In re Search Warrant Dated Nov. 5, 2021, 2026 U.S. Dist. LEXIS 179075 (S.D.N.Y. Aug. 11, 2026):
This search warrant for a firearm wasn’t stale because firearms are kept. In any event, the good faith exception applies. United States v. Cherry, 2026 U.S. Dist. LEXIS 178900 (D. Ariz. Aug. 11, 2026).*
Defendant’s failure to file a post-trial motion on his denied suppression motion in a stipulated bench trial was waiver for appeal. People v. Haskins, 2026 IL App (4th) 250903 (Aug. 4, 2026).*
Defendant ran from his car and thus abandoned it sitting on a sidewalk in front of a dilapidated building. Alternatively, officers were concerned someone else could be in the vehicle and they couldn’t see in because of the dark tint. United States v. Wiley, 2026 U.S. App. LEXIS 23873 (7th Cir. Aug. 6, 2026).*
Defendant’s claim on appeal that his DNA was improperly seized was waived by lack of a record to evaluate it. State v. Woods, 2026 Tenn. Crim. App. LEXIS 508 (Aug. 7, 2026).*
Reverse keyword search warrant to Google connected defendant to this crime. It’s not like geofence warrants in Chatrie, but the merits aren’t decided because the good faith exception applies in any event. Clements v. Commonwealth, 2026 Va. App. LEXIS 428 (Aug. 11, 2026). (You never have to decide the merits as long as you can go back to the good faith exception.)
The first dog sniff didn’t provide probable cause, but it did provide reasonable suspicion to continue the stop longer. Then a second sniff didn’t either. Motion to suppress granted. United States v. Copeland, 2026 U.S. Dist. LEXIS 178749 (N.D. Ohio Aug. 11, 2026).*
“Moreover, his claim … that his appellate counsel was ineffective for failing to raise a Fourth Amendment issue on direct appeal are raised for the first time in his COA motion and, accordingly, this court lacks jurisdiction to consider them.” United States v. Najera, 2026 U.S. App. LEXIS 23934 (5th Cir. Aug. 5, 2026).*
Warrantless seizure of defendant’s cell phone was reasonable during a drug investigation where the cell phone was linked to the crime because the co-conspirators were talking on the phone regularly during the conspiracy. United States v. Veilleux, 2026 U.S. Dist. LEXIS 176947 (D. Mont. Aug. 7, 2026).*
Posted inCell phones, Dog sniff|Comments Off on N.D.Ohio: Two dog sniffs didn’t provide PC for vehicle search
Georgia reaffirms there is a constitutional right of privacy in medical records. Here it was a civil discovery dispute. Goodell v. Moulton, 2026 Ga. LEXIS 232 (Aug. 11, 2026):
"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.
