Author Archives: Hall

CA7: Police officer target of a cell phone SW stated state law claim for intrusion on seclusion for searchers leaking intimate photos of her

Plaintiff was a Joliet police officer. A search warrant was issued for her phone, and she was concerned there were intimate photos of her. The city and officers get qualified immunity for the search itself, but she states a state … Continue reading

Posted in § 1983 / Bivens, Anticipatory warrant, Police misconduct, Private search, Waiver, Warrant execution | Comments Off on CA7: Police officer target of a cell phone SW stated state law claim for intrusion on seclusion for searchers leaking intimate photos of her

LA4: Exclusionary rule not applied in civil service hearing

Applying a balancing test, the court concludes that the exclusionary rule should not apply in a civil service hearing. (However, the punishment for the offense of allegedly drinking on the job based on a BAC test of .03 was excessive.) … Continue reading

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W.D.Wis.: Jurisdictional issue in SW wasn’t enough to suppress here

In a domestic terrorism investigation, USMJs have the authority to issue search warrants outside their court’s jurisdiction. Defendant disputes that this investigation was not that, but it’s close enough. Even if the officers were mistaken, the court won’t suppress an … Continue reading

Posted in Exclusionary rule, Good faith exception, Ineffective assistance, Neutral and detached magistrate, Probable cause, Warrant execution | Comments Off on W.D.Wis.: Jurisdictional issue in SW wasn’t enough to suppress here

CO: State law can alter a sheriff’s agreement with CBP to enforce immigration law

While Colorado sheriffs have civil arrest powers, an agreement with CBP to enforce immigration law under 8 U.S.C. § 1357(g) violated state law. Nash v. Mikesell, 2024 COA 68, 2024 Colo. App. LEXIS 813 (July 3, 2024). In a chase … Continue reading

Posted in Excessive force, Immigration arrests, Qualified immunity | Comments Off on CO: State law can alter a sheriff’s agreement with CBP to enforce immigration law

W.D.Ky.: SW affidavit does not have to negate affirmative defenses under Franks

Under Franks, an affidavit for a search warrant does not have to negate a possible affirmative defense. United States v. Pascoe, 2024 U.S. Dist. LEXIS 119992 (W.D. Ky. July 9, 2024). There was probable cause for defendant’s arrest for DUI … Continue reading

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CA4: No REP in one’s Google location data

There is no reasonable expectation of privacy in one’s Google location data. It’s willingly shared with Google. United States v. Chatrie, 2024 U.S. App. LEXIS 16692 (4th Cir. July 9, 2024) (2-1):

Posted in GPS / Tracking Data, Reasonable expectation of privacy | Comments Off on CA4: No REP in one’s Google location data

S.D.Ohio: Indicia of residency can be subject to search and seizure under a SW

The search warrant could seek to seize documents tending to show defendant’s control of the premises [indicia of ownership or control] under the Fourth Amendment. United States v. Moore, 2024 U.S. Dist. LEXIS 119486 (S.D. Ohio July 2, 2024). There … Continue reading

Posted in Forfeiture, Probable cause, Scope of search | Comments Off on S.D.Ohio: Indicia of residency can be subject to search and seizure under a SW

CA4: PC was shown def was likely a collector of CP so nine-month-old information wasn’t stale

“We are also not impressed by Sanders’s appellate contention that the facts in the Affidavit were so ‘stale’ as to negate probable cause.” Nine months. “Here, the Affidavit conveyed the same critical information to the magistrate judge — the person … Continue reading

Posted in Probable cause, Qualified immunity, Staleness | Comments Off on CA4: PC was shown def was likely a collector of CP so nine-month-old information wasn’t stale

IN: No standing to challenge arrest of another person

Defendant had no standing to contest the arrest of another person that led to his arrest under either the Fourth Amendment or the state constitution. Zuniga v. State, 2024 Ind. App. LEXIS 196 (July 8, 2024). “Next, Windham says that … Continue reading

Posted in Arrest or entry on arrest, Immigration arrests, Ineffective assistance, Standing | Comments Off on IN: No standing to challenge arrest of another person

S.D.Ohio: Def was entitled to discovery of body camera footage of how a search was conducted

Defendant was entitled to discovery of body camera footage of how a search was conducted. United States v. Moore, 2024 U.S. Dist. LEXIS 119486 (S.D. Ohio July 2, 2024). The fact a Sixth Circuit judge dissented on a similar issue … Continue reading

Posted in Body cameras, Discovery, Franks doctrine, Ineffective assistance | Comments Off on S.D.Ohio: Def was entitled to discovery of body camera footage of how a search was conducted

N.D.Iowa: Dog sniff at apt door from common hallway was reasonable even if hallway was locked to outsiders

A dog sniff at an apartment door from a common hallway was reasonable, even if the hallway also had a locked door. “Following the reasoning in Penaloza-Romero and Peck, and applying the Dunn factors, I find that the area around … Continue reading

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CA2: Failure to object at sentencing to a suspicionless search condition was waiver

Failure to object at sentencing to a suspicionless search condition was waiver. United States v. Nash, 2024 U.S. App. LEXIS 16547 (2d Cir. July 8, 2024). Defendant had a hearing on a motion to suppress that went undecided when he … Continue reading

Posted in Community caretaking function, Ineffective assistance, Plain view, feel, smell, Probation / Parole search, Waiver | Comments Off on CA2: Failure to object at sentencing to a suspicionless search condition was waiver

KS: Extending stop on a hunch lacked RS

“LaGuardia argues that Officer Opperman lacked reasonable suspicion to extend the stop from a crash report to a DUI investigation. He claims that the officer investigated LaGuardia for DUI only because he abandoned his vehicle after the accident in snowy … Continue reading

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D.Kan.: Driving another person’s car some other times doesn’t give standing

Merely driving another person’s car some doesn’t give standing. “Defendant (like the defendants in Rakas) has neither a property nor possessory interest in the vehicle and thus lacks standing to challenge the search of it. He did not have a … Continue reading

Posted in Excessive force, Standing | Comments Off on D.Kan.: Driving another person’s car some other times doesn’t give standing

NE: Return of property denied where post-conviction time hadn’t run

Defendant’s motion for return of property is denied because the time hasn’t run for post-conviction and it still may be needed by the state. State v. Assad, 317 Neb. 20 (July 5, 2024). Defendant did not present a real Franks … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Plain view, feel, smell, Rule 41(g) / Return of property | Comments Off on NE: Return of property denied where post-conviction time hadn’t run

MI: The officer’s contact with def alone in a “high crime” area wasn’t RS

The officer here approached defendant in his parked car in an apartment complex parking lot without reasonable suspicion to inquire of what he was doing there. That ultimately led to an assault charge. Summarily reversed and dismissed without argument: There … Continue reading

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NJ: Entry into garage to make a DUI arrest violated 4A and state const.

Defendant was convicted of DUI. Acting on a tip of erratic driving by a particular LPN, the officer went into her garage and entered it to investigate and then make the arrest. There were no exigent circumstances like a medical … Continue reading

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CA8: Breaking a cell phone to avoid its search and seizure justified obstruction enhancement under USSG § 3C1.1

Defendant attempting to thwart a search of cell phones in his car tried to break one such that it had to be forensically reviewed to get information off of it. He wasn’t under arrest. Still, his actions qualified for a … Continue reading

Posted in Ineffective assistance, Reasonable expectation of privacy, Video surveillance, Warrant execution | Comments Off on CA8: Breaking a cell phone to avoid its search and seizure justified obstruction enhancement under USSG § 3C1.1

W.D.Pa.: US Private Vaults safety deposit boxes in California could be inventoried by FBI leading to case here

The FBI obtained a search warrant for the premises at US Private Vaults in Beverly Hills, California. The probable cause was based on a belief USPV was engaged in money laundering. The FBI went further and inventoried the safety deposit … Continue reading

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W.D.Ky.: Delayed search of a computer was not unreasonable under either 4A or Rule 41(e)(2)(B)

The delayed search of defendant’s computer was not unreasonable under the Fourth Amendment or Rule 41(e)(2)(B) because it wasn’t practical to do so at the scene. United States v. White, 2024 U.S. Dist. LEXIS 117526 (W.D. Ky. July 3, 2024).* … Continue reading

Posted in Computer and cloud searches, Plain view, feel, smell, Reasonableness | Comments Off on W.D.Ky.: Delayed search of a computer was not unreasonable under either 4A or Rule 41(e)(2)(B)