Author Archives: Hall

W.D.Mo.: ER’s security staff conducts private searches of GSW victims

Defendant showed at a hospital ER with a gunshot wound. Hospital policy was for its security staff to search GSW patients’ clothing for staff safety. This was a private search, and it produced ammunition from a convicted felon. United States … Continue reading

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IA: Trespassing on RR property was RS for stop

Defendant’s parking on railroad property was trespassing at least, and it was reasonable for the officer to investigate whether it was drug use or underage drinking, what he’d usually find. “Assuming without deciding King was acting on a mere hunch … Continue reading

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CA9: Going directly into pockets exceeded frisk power

Where the officer stood defendant up and turned him around, defendant was seized. Going directly into defendant’s pockets to search exceeded the power of a frisk. United States v. Brown, 2021 U.S. App. LEXIS 14015 (9th Cir. May 12, 2021). … Continue reading

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CA6: Excessive force “assault” claim under § 1983 doesn’t necessarily require contact

Jail conditions can be so bad that they amount to a § 1983 “assault” without there being a more traditional assault. Here, it was a suicidal inmate knowingly put into solitary confinement and that could be pled as excessive force … Continue reading

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N.D.Ga.: PC shown for cell phone and geo-location data

“The Geo-Location Warrant was supported by probable cause because the affidavit established ‘a connection between the defendant and the location to be searched; a link between the location and criminal activity; and the informant’s veracity and basis of knowledge.’” There … Continue reading

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E.D.Tenn.: Def first refused consent to DNA then sought it; initial refusal not excluded

Defendant declined to consent to a DNA test during his statement which is sought to be admitted. He later sought and consented to a DNA test. It should not be excluded at trial because it isn’t seeking to penalize his … Continue reading

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Reason: A Supreme Court Decision That Did Lasting Damage to the 4th Amendment

Reason: A Supreme Court Decision That Did Lasting Damage to the 4th Amendment by Damon Root (“How pretextual traffic stops got the judicial stamp of approval.”)

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Reason: How Detectives Caught the Golden State Killer—and Unleashed a Catastrophe for Civil Liberties

Reason: How Detectives Caught the Golden State Killer—and Unleashed a Catastrophe for Civil Liberties by Paul Detrick (“Police were finally able to catch the serial killer using DNA genealogy databases—violating many innocent people’s constitutional right to privacy.”)

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WA: Prior knowledge of arrest warrant became stale

Stale information that a warrant existed for defendant was not probable cause when the warrant had been recalled, and no one checked the day of the arrest. State v. Pines, 2021 Wash. App. LEXIS 1160 (May 10, 2021). Subpoenas to … Continue reading

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D.D.C.: 15 mo delay in cell phone search unreasonable and not saved by GFE

The government’s 15 month delay in searching defendant’s cell phone was unjustified and was not saved by the good faith exception. United States v. Wilkins, 2021 U.S. Dist. LEXIS 89419 (D.D.C. May 11, 2021):

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CA9: In civil challenge to PC to arrest, PC determination at preliminary hearing usually binding

In a civil case over probable cause to arrest, the USMJ’s determination of probable cause at the preliminary hearing will not be revisited absent a showing of judicial deception. Martinez v. United States, 2021 U.S. App. LEXIS 13888 (9th Cir. … Continue reading

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N.D.Ind.: PC doesn’t require actual showing of a crime

There was probable cause to stop defendant’s truck: “Probable cause is ‘not a high bar.’ Kaley v. United States, 571 U.S. 320, 338, 134 S. Ct. 1090, 188 L. Ed. 2d 46 (2014). It ‘does not require an actual showing … Continue reading

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N.D.Iowa: Ten day delay in getting SW for def’s car where he was in custody and investigation was ongoing was not unreasonable

There was probable cause for the search and seizure of defendant’s vehicle for evidence of a violent crime. The fact a plain view wasn’t possible at the moment of the stop doesn’t mean there wasn’t. The police department with the … Continue reading

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D.Colo.: Federal law criminalizing marijuana makes dog sniff in recreational use state reasonable

Even though Colorado has decriminalized personal use of marijuana, a dog sniff is still reasonable under federal law because possession of marijuana is still a violation of federal law because it’s unlawful for “any purpose.” United States v. Spikes, 2021 … Continue reading

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N.D.Ill.: Sender of package whose name wasn’t on it had standing

Defendant who orchestrated delivery of a package whose name wasn’t on it as sender or recipient had standing in the package. United States v. Williams, 2021 U.S. Dist. LEXIS 88747 (N.D. Ill. May 10, 2021):

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CA8: A mere hunch possession of something might be criminal was not “immediately apparent” for plain view

Alleged plain view of glass vials on defendant’s couch wasn’t a legitimate plain view because the alleged incriminating nature of the objects wasn’t immediately apparent. It was maybe a hunch and not obvious at all. Grant of suppression motion affirmed. … Continue reading

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ABA, CJS: The Myth of Objectivity in Fourth Amendment Jurisprudence

Juval O. Scott, The Myth of Objectivity in Fourth Amendment Jurisprudence, 36 Criminal Justice 13 (No. 1 Spring 2021):

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IL: ER blood draw was private search, and results were obtainable by process

Defendant’s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. People v. Mueller, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May … Continue reading

Posted in Community caretaking function, Consent, Drug or alcohol testing, Private search, Probation / Parole search, Warrant execution | Comments Off on IL: ER blood draw was private search, and results were obtainable by process

N.D.Tex.: Motion to suppress 2½ months of pole camera recording untimely

The reasonableness of 2½ months of pole camera observation of defendant’s house was waived by not filing a motion to suppress until after the First Circuit granted en banc review on that issue and then a month later. United States … Continue reading

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PA: Stop for no LPN permitted running names of occupants

Not having a license plate justified defendant’s stop and then running names. Commonwealth v. Malloy, 2021 PA Super 90, 2021 Pa. Super. LEXIS 278 (May 7, 2021). The backup light being on while driving justifies a stop. People v. Ambrose, … Continue reading

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