Author Archives: Hall

KS: Passenger had no standing in car he bought for girlfriend

The fact defendant paid for the car for his girlfriend but was a mere passenger at the time of the stop was not enough for standing under Byrd. He still had no reasonable expectation of privacy in it. State v. … Continue reading

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IA: Warrantless entry for misdemeanor charge unreasonable

The warrantless entry into defendant’s apartment for a misdemeanor charge was unreasonable. She didn’t waive her reasonable expectation of privacy by partially opening the door to respond to the officers’ knock. Her obstruction charge thereafter, however, was independent of the … Continue reading

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W.D.Ky.: Arrest warrant doesn’t require executing officer to check into PC for it

If there is an arrest warrant, the executing officer doesn’t have to look behind it to determine its validity. Other alleged probable cause for defendant’s stop is immaterial. United States v. Cox, 2022 U.S. Dist. LEXIS 7551 (W.D.Ky. Jan. 14, … Continue reading

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N.D.Okla.: Where there is a SW for a vehicle, def’s automobile exception argument is moot

Defendant argues that the inventory was pretextual to search for evidence of crime, except that there already was probable cause at that point for an automobile exception search. On a later vehicle search, there also was a warrant. Failing to … Continue reading

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D.Minn.: Automobile exception applied to RV with engine not on blocks; was capable of movement

Whether the engine of a mobile home was running or not doesn’t matter. It was capable of movement so the search was valid under the automobile exception. “The fact that the motor home had a bathroom and kitchen and looked … Continue reading

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E.D.Okla.: Motion to suppress waived when defense needed the evidence at trial

Defendant originally moved to suppress a search which included a video. Then he decided he needed it at trial, so it was waived. United States v. Savage, 2021 U.S. Dist. LEXIS 250209 (E.D.Okla. Nov. 19, 2021) (see Treatise § 60.19, … Continue reading

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C.D.Cal.: Admin SDT is not a 4A seizure

The Secretary of Labor’s administrative subpoena duces tecum here did not violate the Fourth Amendment. “A warrant is required only when government officials enter onto a private party’s premises without consent and forcibly take possession of documents.” Walsh v. Int’l … Continue reading

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S.D.Tex.: No 5A protection on phone pass code, and inevitable discovery applies

The foregone conclusion rationale for access to passcodes for cell phones. There was no Fifth Amendment privilege to providing the passcodes. Inevitable discovery applies. United States v. Zhengdong Cheng, 2022 U.S. Dist. LEXIS 6437 (S.D.Tex. Jan. 12, 2022):

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IA: Conflict of laws: Federal SW that ends up in state prosecution governed by federal law, not state

When a federal search warrant results in a state prosecution, federal law applies to the search in state court. Here it applied to a scope of search question that might have been decided differently under state law. This court held … Continue reading

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S.D.Tex.: BOLO that matched defendant’s car was RS for stop

A BOLO that matched defendant’s car was reasonable suspicion for a stop. United States v. Yanez, 2022 U.S. Dist. LEXIS 6376 (S.D.Tex. Jan. 12, 2022). Cell phone communication and text messages about drug deals with the defendant gave probable cause … Continue reading

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CA7: Perfunctory 4A claim was treated as Heck barred

Plaintiff’s perfunctory Fourth Amendment claim is Heck barred because he seeks to undermine his conviction. If it were more specific, maybe it would have overcome Heck, but this doesn’t. Raney v. Wisconsin, 2022 U.S. App. LEXIS 966 (7th Cir. Jan. … Continue reading

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CA10: That officer could have provided false affidavit is not a ‘substantial preliminary showing’ for Franks

“Velarde-Pavia has offered no evidence that Officer Juarez lied in his affidavit. Rather than make the needed ‘substantial preliminary showing,’ Velarde-Pavia only speculates that Officer Juarez could be lying–that is not enough.” As to informant hearsay, the affidavit for the … Continue reading

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S.D.Ind.: SoL for false arrest starts on release from custody

The statute of limitations for a false arrest case starts with release. Manuel v. City of Joliet, Ill. (Manuel II), 903 F.3d 667, 669 (7th Cir. 2018), on remand from Manuel v. City of Joliet, Ill., 137 S. Ct. 911 … Continue reading

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S.D.Ga.: [Gratuitously] asking motorist for consent deviated from the mission of the stop; motion to suppress granted

Asking defendant for consent to search when there were three officers around and then telling the others she declined unreasonably extended the stop even though it was 50 seconds. No decision had been made to issue a ticket or a … Continue reading

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CA4: Conclusory allegations don’t satisfy Franks

“In arguing that he was entitled to a Franks hearing, Landaverde-Giron relies only on his own conclusory allegations to demonstrate intentional falsity or reckless disregard for the truth by the affiant. He points to no evidence supporting his conclusion that … Continue reading

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NM: Traffic arrest by reserve deputy in violation of statute violates state constitution

Where the legislature requires traffic arrests be made by uniformed, sworn, and salaried officers, arrest by a reserve deputy violates the state constitution. State v. Wright, 2022 N.M. LEXIS 2 (Jan. 10, 2022). “The Court finds that Mr. Hunley was … Continue reading

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S.D.N.Y.: RS parolee is into drugs justifies PO’s cell phone search

State parole officers with reasonable suspicion defendant was involved in drugs could seize and search his cell phone. United States v. Devaughn, 2022 U.S. Dist. LEXIS 5406 (S.D.N.Y. Jan. 11, 2022). There was no reasonable suspicion for a probation search … Continue reading

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MT: Probation search was justified; its overall reasonableness didn’t warrant suppression here

There was reasonable suspicion for the probation search of defendant’s house based on his wife’s report that he was using meth again. The supervisory PO authorized a warrantless entry if necessary. The record is limited as to the reasonableness of … Continue reading

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N.D.Tex.: Knock-and-talk led to a consent search

Defendant’s knock-and-talk led to a consent search. “Courts consider six primary factors to determine whether consent to a search is knowing and voluntary: (1) the voluntariness of the defendant’s custodial status; (2) presence of coercive police procedures; (3) the extent … Continue reading

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MS: Open fields covered by state const.; warrant required for administrative search

A warrant is required for administrative searches under the Mississippi constitution, which also protects all land owned by the complainant, including open fields. Plain view is inapplicable here. The exclusionary rule applies to this administrative search and seizure. Okhuysen v. … Continue reading

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