Author Archives: Hall

E.D.Mich.: Listing inventory on police report and not inventory sheet not unreasonable

“Therefore, the officers’ decision to list the items recovered during the inventory search in the Incident Report and not on the Impound Report does not invalidate the inventory search.” United States v. Morris, 2021 U.S. Dist. LEXIS 182946 (E.D.Mich. Sept. … Continue reading

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VT: Roving CBP patrol stop one mile from Canadian border violated state const. even though probably not 4A

A roving border patrol stop a mile from the Canadian border led to state charges against defendant. The court holds the state constitution was violated even if the Fourth Amendment was not, and the evidence should be suppressed. State v. … Continue reading

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IL: Mere visitor present at time of SW execution could not be searched without reason

Defendant was merely on the premises raided, and he was clearly not the person sought. There were no furtive gestures or other justification. The search of his person was unreasonable. People v. Duffie, 2021 IL App (1st) 171620, 2021 Ill. … Continue reading

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WaPo: When the FBI seizes your messages from Big Tech, you may not know it for years

WaPo: When the FBI seizes your messages from Big Tech, you may not know it for years by Jay Greene & Drew Harwell (“Microsoft, Google, Facebook and other tech firms are pressing lawmakers to stop prosecutors from secretly snooping on … Continue reading

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E.D.Ky.: Sex offense victim’s uncorroborated statements supported issuance of SW for defendant’s email account

Sex offense victim’s uncorroborated statements supported issuance of a warrant for defendant’s email account. A victim is not treated the same as an informant for probable cause purposes. United States v. Deleon, 2021 U.S. Dist. LEXIS 182049 (E.D.Ky. Sept. 23, … Continue reading

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M.D.Pa.: Exigency permitted warrantless CSLI pings

Only the owner of a cell phone has standing to challenge tracking the phone with a Stingray. Warrantless pings to locate the phone were shown by the government to be based on exigent circumstances. United States v. Baker, 2021 U.S. … Continue reading

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OR: Dog sniff during traffic stop lacked any RS

“Here, officers deployed a drug-detection dog during a traffic stop for failing to signal continuously for at least 100 feet before turning-without articulating any independent constitutional justification. Moreover, the state has not identified any theory or pointed us to any … Continue reading

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ID: RS as to driver and officer safety extends to passenger, too

When a traffic stop turns into reasonable suspicion for other crime, the reasonable suspicion extends to being able to control the passenger, too, for officer safety. There is no reasoned basis for differentiating between drivers and passengers for officer safety. … Continue reading

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OH7: Visitor to hotel room with no key or shown association to room had no standing

Defendant was a visitor to a hotel room and he had no standing to challenge its search. He had no key to the room and no luggage or other belongings, and he couldn’t show he was a guest of either … Continue reading

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TX12: An uncorroborated first time informant provided no RS for stop

An uncorroborated first time informant provided no reasonable suspicion for defendant’s stop. State v. Donnell, 2021 Tex. App. LEXIS 7813 (Tex. App. – Tyler Sept. 22, 2021):

Posted in Informant hearsay | Comments Off on TX12: An uncorroborated first time informant provided no RS for stop

E.D.Wis.: Def had no REP in sister’s bedroom

Defendant had no reasonable expectation of privacy to contest the search of his sister’s bedroom. United States v. Slater, 2021 U.S. Dist. LEXIS 180673 (E.D.Wis. Sept. 22, 2021). There was probable cause for search of defendant’s car, and the opportunity … Continue reading

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AR: Arrest outside officer’s jurisdiction not constitutionally unreasonable

The jurisdiction of an officer to make an arrest does not make an arrest outside of the officer’s jurisdiction unreasonable under the Fourth Amendment or the state constitution. Durden v. City of Van Buren, 2021 Ark. App. 357, 2021 Ark. … Continue reading

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TX5: Consent to a blood draw is also consent to its testing

Consent to a blood draw is also consent to its testing. Schulz v. State, 2021 Tex. App. LEXIS 7748 (Tex. App. – Dallas Sept. 21, 2021). “Citizens have long-cherished constitutional rights which deserve our protection. Law enforcement officers have difficult … Continue reading

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CA9: Police exceeded Google’s private search of email

Google viewed defendant’s email attachments and reported child pornography, but when police got their hands on it, they exceeded the private search. United States v. Wilson, 2021 U.S. App. LEXIS 28569 (9th Cir. Sept. 21, 2021):

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CA8: Unnecessary prolonged handcuffing of ptf overcame QI; if there was a reason for it, it had long passed

Plaintiff overcame qualified immunity here because he was unnecessarily left handcuffed without any objective reason for it. There was no reasonable suspicion. Haynes v. Minnehan, 2021 U.S. App. LEXIS 28550 (8th Cir. Sept. 21, 2021). In this prison search case, … Continue reading

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NC: Calling for drug dog right away here didn’t extend time, but the sniff became reasonable by RS otherwise developing

The officer here preemptively called for a drug dog before running the DL information on the occupants. That did not measurably extend the time. After calling for the dog, the officer found out there were warrants on one, and then … Continue reading

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GA: 911 call about a possible dead body at a mobile home didn’t need to be corroborated

A call about a possible dead body at a location where police had responded before was sufficiently specific to justify an emergency response. On this record, their belief was objectively reasonable, and the story didn’t need to be corroborated. Tidwell … Continue reading

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D.Conn.: No REP in parolee’s GPS monitor that placed him at scene of murder

The search warrant for defendant’s phone to attempt to link him to a murder of a witness was based on probable cause that he was seen in a car likely involved and his parole GPS monitor that put him there. … Continue reading

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E.D.Mich.: No REP in Instagram postings, private or public

There was no reasonable expectation of privacy in defendant’s Instragram account postings and communications whether it was set private or not. United States v. Dixson, 2021 U.S. Dist. LEXIS 178371 (E.D.Mich. Sept. 20, 2021):

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E.D.Pa.: This judge wouldn’t have signed this SW, but that’s not the standard of review

While this judge wouldn’t have issued the search warrant on the information provided, that’s not the standard of review. There was, in fact, a substantial basis for finding probable cause. United States v. Moore, 2021 U.S. Dist. LEXIS 178263 (E.D.Pa. … Continue reading

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