Reason: 3 Charlotte Cops Resign After Group Chat Reveals Competition To Arrest the Most Black People

Reason: 3 Charlotte Cops Resign After Group Chat Reveals Competition To Arrest the Most Black People by Josh Pauzé (“Three Charlotte cops have resigned and three more are facing termination after a Flock probe uncovered a text chain littered with racist messages, religious and sexual bias and a reported competition over who could arrest the most black people. The group chat came to light after Charlotte-Mecklenburg Police Department (CMPD) officer Seth Elliott was caught using Flock’s database to out an undercover cop to his drug dealer friend, which sparked an investigation by the North Carolina State Bureau of Investigation (NCSBI).”)

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E.D.Mich.: Second SW for cell phone data retained by govt was valid

This is a second motion to suppress a cell phone search, the first having been denied. A copy of the phone remains with the government, the phone having been returned. The first warrant to review the contents was for human trafficking, the second for sex trafficking. United States v. Mahone, 2026 U.S. Dist. LEXIS 235173 (E.D. Mich. Oct. 15, 2026).*

Defendant’s frisk for a weapon produced marijuana. The frisk didn’t involve squeezing pocket and was valid. United States v. Grant, 2026 U.S. App. LEXIS 31407 (11th Cir. Oct. 15, 2026).*

Warrantless cell phone search at Customs was reasonable. United States v. Jelleyman, 2026 U.S. Dist. LEXIS 235144 (M.D. Fla. Oct. 15, 2026).*

This cell phone warrant was based on probable cause shown to a state court judge. United States v. Bom, 2026 U.S. Dist. LEXIS 235252 (D. Alaska Oct. 14, 2026).*

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S.D.W.Va.: “Shocking” nature of immigration raid on a Mexican restaurant at lunchtime didn’t warrant suppression

Defendants run a family-owned Mexican restaurant in West Virginia. HSI did a masked and armed immigration middle of day raid for employees under an inspection warrant. While the raid may have been “shocking” to everybody, it’s not enough to be unreasonable. And there’s a standing issue. United States v. Aguirre-Arello, 2026 U.S. Dist. LEXIS 235841 (S.D. W. Va. Oct. 15, 2026):

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S.D.N.Y.: Stop on an NYPD I-card showing PC was reasonable

NYPD uses “I-cards” (investigation cards) which can show facts supporting probable cause. This investigation was “closed,” but the I-card still was around, and officers used it to stop and question defendant. He refused to identify himself and he ended up frisked finding a gun. And he’s a felon. The stop and frisk was with probable cause. This is collective knowledge. United States v. Anderson, 2026 U.S. Dist. LEXIS 235330 (S.D.N.Y. Oct. 14, 2026).

Inevitable discovery applied to this search. Police entered and lifted a blanket conducting a search, but a warrant was obtained shortly thereafter with information separate from that search. People v. Green-Johnson, 2026 Mich. App. LEXIS 8733 (Oct. 14, 2026).*

The inventory search of defendant’s car was valid. People v. Jackson, 2026 Mich. App. LEXIS 8725 (Oct. 14, 2026).*

Defendant’s consent to blood draw was valid. State v. Fryfogle, 2026 Tenn. Crim. App. LEXIS 696 (Oct. 15, 2026).*

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ID: Drug dog’s touching nose on the car door was not a trespass

The drug dog’s touching his nose on the car door was not a trespass. State v. Pendleton, 2026 Ida. LEXIS 147 (Oct. 14, 2026).

The search warrant for defendant’s medical records for his DUI with injury was particular. State v. Bradley, 2026 Ga. App. LEXIS 478 (Oct. 14, 2026).*

The officer had reasonable suspicion defendant was involved in drugs and legitimately stopped him for speeding. Within 3½ minutes, they conversed about defendant’s alleged drug involvement and the officer asked for and got consent. The search was valid. State v. Idhen, 2026 MT 246 (Oct. 13, 2026).*

“Defendant Deputies evicted Plaintiff pursuant to a writ of execution and Plaintiff does not otherwise identify any unreasonable uses of force. Therefore, the Court has no factual content to draw any reasonable inference that any deputy may be liable of conduct rising to a Fourth Amendment violation.” Gottfried v. Keystone Prop. Mgmt., LLC, 2026 U.S. Dist. LEXIS 234433 (D. Or. Oct. 14, 2026).*

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WI: During a traffic stop, officers can run the criminal history of passengers

During a traffic stop, officers can run the criminal history of passengers. State v. Pantle, 2026 Wisc. App. LEXIS 1138 (Oct. 14, 2026).

Defendant’s conditional release search one week before the end of his term was based on reasonable suspicion and valid. United States v. Louis, 2026 U.S. App. LEXIS 31137 (11th Cir. Oct. 13, 2026).*

Fleeing in Minnesota is a felony. Using a PIT maneuver was not clearly established to be excessive force. Pulling a gun on plaintiff until handcuffed wasn’t excessive. Bolibruch v. Frovarp, 2026 U.S. Dist. LEXIS 233141 (D. Minn. Oct. 13, 2026).*

The officer complied with the department’s standardized inventory procedure, so the search is valid. United States v. Mays, 2026 U.S. Dist. LEXIS 231053 (E.D. Mo. Oct. 8, 2026).*

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IL: No state privacy interest in personal identifying information

“Rather, in light of the foregoing authorities, we conclude defendant has failed to establish he has a legitimate privacy interest in the personal information—e.g., his name, date of birth, height, weight, hair color, and eye color—compiled on his identification card. None of the information at issue raises the types of privacy concerns or touches upon the types of privacy interests that have been found to warrant such protection.” People v. St. John, 2026 IL App (4th) 251208, 2026 Ill. App. LEXIS 405 (Oct. 7, 2026).

Officers surveilling an area known for hand-to-hand drug deals saw a group of men probably doing that, and they moved in and defendant fled to a nearby abandoned apartment. They had reasonable suspicion. He also had no standing in a bag left outside the abandoned apartment. United States v. Mayhew, 2026 U.S. Dist. LEXIS 232678 (N.D. Ga. Aug. 27, 2026).*

It was reasonable for officer safety to remove a holstered gun from defendant they were arresting who was slumped over the handlebars of his motorcycle before waking him up. People v. Vanpelt, 2026 CO 66 (Oct. 12, 2026).*

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CA8: Judge gets no qualified or judicial immunity for locking up children who didn’t want to go with a parent

A judge gets no qualified or judicial immunity for ordering children locked up for refusing to leave court with a parent they didn’t want to go with. In a prior appeal, “the children were beyond his contempt power and ‘judges do not do double duty as jailers.’” Rockett, 71 F.4th at 672.” Rockett v. Eighmy, 2026 U.S. App. LEXIS 31078 (8th Cir. Oct. 13, 2026). Reason: The 8th Circuit Rejects Qualified Immunity for a Judge Who Jailed 2 Kids for ‘Refusing To Follow Directions’.

The alleged false statement here isn’t material. There was plenty of probable cause. United States v. Aponte, 2026 U.S. Dist. LEXIS 231282 (E.D. Pa. Oct. 8, 2026).*

Even if this stop was pretextual based on an anonymous call, there was a factual basis for it, so it was valid. Twelve minutes into the stop defendant fled and took the officers on a high speed chase. It was not unreasonably prolonged under Rodriguez. United States v. Perez, 2026 U.S. Dist. LEXIS 232442 (D. Vt. Oct. 8, 2026).*

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Volokh: How Should Flock Cameras Be Regulated Under the Fourth Amendment?

Volokh Conspiracy: How Should Flock Cameras Be Regulated Under the Fourth Amendment by Orin S. Kerr

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D.P.R.: Mere possession of a car doesn’t show standing

Just having possession of a car doesn’t show standing. How did it come to be? United States v. Luna-Irizarry, 2026 U.S. Dist. LEXIS 232412 (D.P.R. Oct. 8, 2026):

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D.Kan.: Gun dislodged fleeing police dog wasn’t excludable, even if it was excessive force (which it wasn’t)

Siccing a police dog on a suspected armed and dangerous burglar that dislodged a Glock with a switch was not unreasonable. Even if it was excessive force, which it wasn’t, exclusion wouldn’t be the proper remedy. United States v. Wilhoite, 2026 U.S. Dist. LEXIS 232389 (D. Kan. Oct. 9, 2026):

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S.D.Ill.: Witness’s memory failure on the stand at trial didn’t support a Franks challenge

Defense counsel wasn’t ineffective for not raising a Franks challenge mid-trial when a participant in the search warrant process had a memory failure on the stand as to something. Offutt v. United States, 2026 U.S. Dist. LEXIS 231418 (S.D. Ill. Oct. 8, 2026).*

Defendant had no reasonable expectation of privacy in a window area of a hallway outside the apartment searched that was just as readily accessible to two other apartments. And, defendant didn’t live in any apartment. United States v. Guerrero, 2026 U.S. Dist. LEXIS 231956 (D. Mass. Oct. 9, 2026).*

The court doesn’t have to decide standing or scope of consent. Inevitable discovery applies. The officers plainly had enough information for probable cause and would have otherwise sought a warrant. “The First Circuit has repeatedly found the inevitable discovery doctrine applicable under similar circumstances.” United States v. Sanchez, 2026 U.S. Dist. LEXIS 231005 (D. Mass. Oct. 8, 2026).*

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W.D.Pa.: SW for cell phone on def at time of drug arrest was particular

Defendant’s cell phone particularity objection to the warrant fails because it showed (1) crime involved, (2) ID’ed them as found on him at time with a gun and drugs, and (3) showed nexus. Also, the good faith exception would apply. United States v. Morgan-Graham, 2026 U.S. Dist. LEXIS 231811 (W.D. Pa. Oct. 9, 2026)*:

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LA5: Drone video corroborates that car wasn’t searched before warrant arrived

There was probable cause for the search of defendant’s car. He also claimed that the car was searched before the warrant for it issued. Based on a drone video, defendant was Tasered, and an officer opened and closed the car door, making sure no one else was in it. The court credits that. [Besides, inevitable discovery.] State v. Scott, 2026 La. App. LEXIS 2081 (La. App. 5 Cir Oct. 7, 2026).*

“In the present case, there was uncontroverted testimony that before entering the apartment, North Olmsted police heard an individual say he was ‘tripping,’ that the individual asked for help, and that he requested an ambulance. There also was uncontroverted testimony that unlike in Fisher — and even though subjective belief is irrelevant — North Olmsted police summoned medical aid before entering the dwelling. Indeed, the uncontroverted testimony was that even with medical personnel on the scene, the officers continued to knock and announce themselves. It was not until officers heard a thud or thump, followed by silence, that they decided — in conjunction with medical personnel, no less — to make a warrantless entry.” Defense’s effort to minimize the “thud” doesn’t make the entry unreasonable. State v. Jordan, 2026-Ohio-3956 (8th Dist. Oct. 8, 2026).*

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E.D.Tenn.: Frisk of bag was reasonable, too

On the totality, there was reasonable suspicion for defendant’s Terry stop and then a frisk of his bag. United States v. Brooks, 2026 U.S. Dist. LEXIS 231135 (E.D. Tenn. Oct. 8, 2026).*

“The Court finds that Cruz’s claim fails because, even assuming arguendo that the omissions he cites were material, Agent Jensen lacked the requisite mental state to warrant suppression under Franks. Specifically, after hearing Agent Jensen’s testimony, and considering her demeanor and the credibility and consistency of her answers in light of the record as a whole, the Court finds that she did not act with either the intent to mislead then-Magistrate Judge Roanne L. Mann about the results of her investigation, nor with reckless disregard to whether the information she did provide was misleading.” United States v. Cruz, 2026 U.S. Dist. LEXIS 230292 (E.D.N.Y. Oct. 7, 2026).*

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Reason: Other Courts Should Heed a Federal Judge’s Warning About Flock-Enabled Mass Surveillance

Reason: Other Courts Should Heed a Federal Judge’s Warning About Flock-Enabled Mass Surveillance by Jacob Sullum (“Car-tracking cameras, like cellphones, generate vast amounts of sensitive data.”)

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Reason: Are Warrantless Phone Searches at the Border Constitutional? The Supreme Court May Soon Decide.

Reason: Are Warrantless Phone Searches at the Border Constitutional? The Supreme Court May Soon Decide. by Amy Piekoff:

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S.D.W.Va.: Informant here conducted warrantless search for the government

The informant was acting as an agent of the government in conducting the search here. United States v. Minkkinen, 2026 U.S. Dist. LEXIS 230696 (S.D. W. Va. Oct. 7, 2026):

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CA5: Ptf with dementia resisting police could be Tased

Plaintiff suffered from dementia and resisted the police. “We need not decide whether Jaso’s using the taser violated the Fourth Amendment. Even resolving any genuine factual disputes in the plaintiff’s favor, no precedent clearly forbade Jaso from deploying his taser once against the erratic, actively resisting suspect he confronted.” Navejas v. City of El Paso, 2026 U.S. App. LEXIS 30829 (5th Cir. Oct. 8, 2026).* (Taser should be capitalized.)

The dog sniff did not prolong the stop, and there was reasonable suspicion anyway. The dog alert was then probable cause. United States v. Blackburn, 2026 U.S. Dist. LEXIS 229738 (E.D. Tex. Sep. 14, 2026).*

The officer’s claim of reasonable suspicion defendant was armed in his front waistband was belied by the officer’s frisk of the back pockets first. United States v. Hurston, 2026 U.S. Dist. LEXIS 230423 (S.D. Ohio Oct. 7, 2026).*

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Treatise 15% off for a little while

See here.

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