Author Archives: Hall

IA: Video shows officers didn’t slow walk traffic stop for dog sniff

On de novo review, the officers didn’t slow walk the traffic citation to get more time to do the dog sniff. State v. Cox, 2025 Iowa App. LEXIS 567 (July 2, 2025)*:

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Reclaim The Net: How Digital Convenience Becomes a Government Backdoor

Reclaim The Net: How Digital Convenience Becomes a Government Backdoor by Christina Maas (“The Supreme Court’s silence keeps 20th-century privacy rules firmly in place while 21st-century surveillance marches on.”). Well, to be frank, the third-party doctrine isn’t going anywhere as … Continue reading

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CA8: Social media video of SW target shooting guns justified no-knock entry

Social media videos of a target of the warrant shooting guns viewed before obtaining the warrant justified a no-knock warrant. Davenport v. City of Little Rock, 2025 U.S. App. LEXIS 16540 (8th Cir. July 7, 2025). Plaintiff’s various claims, including … Continue reading

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OH12: Adoption of suppression motion brief by reference on appeal is waiver

Adoption of his suppression motion brief by reference without briefing it was waiver. Defendant had no reasonable expectation of privacy in a conversation with his girlfriend in the presence of a CI. State v. Davis, 2025-Ohio-2382, 2025 Ohio App. LEXIS … Continue reading

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OH5: Trial court erred in finding no standing when the state didn’t even raise it

The trial court erred in finding no standing when the state didn’t even raise it. State v. Reynolds, 2025-Ohio-2347, 2025 Ohio App. LEXIS 2332 (5th Dist. July 2, 2025). During the stop, the driver could be ordered out of the … Continue reading

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E.D.Wis.: Heck bar has to be pled in first defensive pleading

The Heck bar is an affirmative defense that has to be pled by defendants under F.R.C.P. 8(c). Megna v. Musial, 2025 U.S. Dist. LEXIS 127980 (E.D. Wis. July 7, 2025). Defendant’s driving justified his stop. State v. Craven, 2025 Wash. … Continue reading

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CA3: Driveway was not curtilage

Defendant’s driveway was not curtilage, so his stop and ultimate search of the car was not in violation of the Fourth Amendment. United States v. Moses, 2025 U.S. App. LEXIS 16484 (3d Cir. July 3, 2025). De minimis force, even … Continue reading

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UT: Merely possible is not sufficient for inevitable discovery to apply

Merely possible is not sufficient for inevitable discovery to apply. State v. Abonza, 2025 UT App 101, 2025 Utah App. LEXIS 102 (July 3, 2025). Based on collective knowledge, there was probable cause for defendant’s stop. Morris v. State, 2025 … Continue reading

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OH: No REP in single location info entered into a phone app

Defendant’s single location information entered into a phone app that was used to set up a robbery was basic third-party information not protected by Carpenter. State v. Diaw, 2025-Ohio-2323 (July 2, 2025):

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E.D.Ark.: Reacting defensively to request for consent contributed to RS

[While it was thin,] The officer had reasonable suspicion for a dog sniff, including “react[ing] defensively when asked for consent to search the Sentra by making a facial expression, flailing his arms to the side, and offering unprompted explanations as … Continue reading

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N.D.Iowa: USMJ recommends grant of motion to suppress; second SW to cure defects in first not proper for attenuation doctrine

The government admits that the warrant lacked particularity, but they sought to use the good faith exception to sustain a limited search. The problem there is that the person who sought the warrant didn’t search it, and he instructed the … Continue reading

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KS: There’s a statutory right of def to SW affidavits

A person accused has a statutory right of access to search warrant affidavits in his own case. “The applicable provisions state only that the documents ‘shall be made available’ to defendants ‘when requested,’ without specifying to whom the request should … Continue reading

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W.D.Wash.: No 4A right to personal service of a SW

In this 2254, petitioner’s ineffective assistance of counsel claim that defense counsel didn’t object that the search warrant was not personally served on him wasn’t a constitutional requirement. Also barred by Stone. Witkowski v. Bennett, 2025 U.S. Dist. LEXIS 126262 … Continue reading

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CA1: Video of SW execution sufficiently authenticated for trial

The video of execution of the search warrant was sufficiently authenticated to be admissible at trial despite coming in through a witness other than the one who took it. United States v. Reyes-Rosario, 2025 U.S. App. LEXIS 16316 (1st Cir. … Continue reading

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Reason: Do Arrest Warrants Have a Diligence Requirement?

Reason: Do Arrest Warrants Have a Diligence Requirement? by Orin Kerr:

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OR: Use of a powerful zoom to show covered up marijuana plants violated state constitution

Officers were doing a marijuana flyover looking for another operation and saw what appeared to be a grow operation on defendant’s property. The affidavit for probable cause only said that the officer saw and photographed evidence that could indicate a … Continue reading

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CO: Incorporation of SW affidavit saves warrant from lack of particularity

“[T]he warrant in this case authorized collection of location data and certain message content surrounding the crimes. While the warrant could have been more particular by limiting each category using the language ‘related to the crimes,’ the warrant’s incorporation of … Continue reading

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WaPo: What is and isn’t legal when ICE officers make an immigration arrest

WaPo: What is and isn’t legal when ICE officers make an immigration arrest by Arelis R. Hernández (“Videos showing masked officers whisking people into unmarked cars have sparked outcry. A look at ICE’s powers as Congress prepares to give the … Continue reading

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CNS: Washington allows state, local police to execute tribal arrests

CNS: Washington allows state, local police to execute tribal arrests by Edvard Pettersson (“A change in state law will allow tribes certified by the attorney general’s office to avoid extradition proceedings to have wanted individuals returned to tribal lands.”)

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W.D.Pa.: Someone actually succeeds in a Franks challenge

Defendant succeeds in a Franks challenge: Defendant’s case arose because the officer swore that defendant matched a surveillance video of a robbery. He really believed it, but he was wrong because there were obvious reasons to discount his belief. The … Continue reading

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