Category Archives: Uncategorized

D.Minn.: Calling in wrong LPN made stop unreasonable

Defendant’s stop based on a mistaken belief the vehicle was stolen was not objectively reasonable when it was based on calling in the wrong number. United States v. Fields, 2024 U.S. Dist. LEXIS 99668 (D. Minn. June 5, 2024), rejecting … Continue reading

Posted in Uncategorized | Comments Off on D.Minn.: Calling in wrong LPN made stop unreasonable

N.D.Okla.: Cell phones possessed by tribal police not subject to return under Rule 41(g)

Motion for return of cell phones is denied. They are in the possession of the Muskogee Creek Nation tribal police, not the federal government. United States v. Smith, 2024 U.S. Dist. LEXIS 87341 (N.D. Okla. May 15, 2024). Motion for … Continue reading

Posted in Dog sniff, Rule 41(g) / Return of property, Uncategorized | Comments Off on N.D.Okla.: Cell phones possessed by tribal police not subject to return under Rule 41(g)

Volokh: Do Fourth Amendment Protections Change When Property Is Moved?

Volokh: Do Fourth Amendment Protections Change When Property Is Moved? by Orin Kerr:

Posted in Uncategorized | Comments Off on Volokh: Do Fourth Amendment Protections Change When Property Is Moved?

Seattle Times: US drug control agency will move to reclassify marijuana in a historic shift, AP sources

Seattle Times: US drug control agency will move to reclassify marijuana in a historic shift, AP sources say by Lindsay Whitehurst, Joshua Goodman, Zeke Miller and Jim Mustian. NYT: Justice Dept. Plans to Recommend Easing Restrictions on Marijuana (“The move … Continue reading

Posted in Uncategorized | Comments Off on Seattle Times: US drug control agency will move to reclassify marijuana in a historic shift, AP sources

CA9: QI for punching a resisting arrestee

The officer punching a resisting arrestee gets qualified immunity. “But these cases are too factually dissimilar to put the officers on notice that their conduct was unconstitutional. Unlike Ames’s proffered cases, where the plaintiffs were not resisting, it is undisputed … Continue reading

Posted in Uncategorized | Comments Off on CA9: QI for punching a resisting arrestee

VA Lawyers Weekly: Officials denied immunity for strip searching jail nurse

Virginia Lawyers Weekly: Officials denied immunity for strip searching jail nurse by Nick Hurston (Mar. 24, 2024) (“Prison officials who strip searched a jail nurse were not entitled to qualified immunity because mistaking her for an inmate was unreasonable and … Continue reading

Posted in Uncategorized | Comments Off on VA Lawyers Weekly: Officials denied immunity for strip searching jail nurse

“I think justice is a fight.  It’s a fight because there are no givens, and nothing is ever guaranteed.  Above all else, justice is a dangerous game.” Hubert Delarue, lawyer for Alain Marécaux, The Outreau Case: A French Nightmare (Netflix 2024, … Continue reading

Posted in Uncategorized | Comments Off on

OH2: Stopping def before he got home for drug raid was reasonable

Stopping defendant a few blocks from his home when police were there executing a drug search warrant was for officer safety and reasonable. State v. Harrell, 2024-Ohio-981, 2024 Ohio App. LEXIS 918 (2d Dist. Mar. 15, 2024). [I remember a … Continue reading

Posted in Uncategorized | Comments Off on OH2: Stopping def before he got home for drug raid was reasonable

fourthamendment.com is 21 today

February 24, 2003.

Posted in Uncategorized | Comments Off on fourthamendment.com is 21 today

E.D.Wis.: Under Payton, revo warrant justified USM entry into place where def was staying

The US Marshals had an arrest warrant for defendant on an FTA for a revocation hearing. Theydeveloped probable cause through searching Facebook posts that defendant was likely staying at the home of another. Their entry was lawful under Payton and … Continue reading

Posted in Uncategorized | Comments Off on E.D.Wis.: Under Payton, revo warrant justified USM entry into place where def was staying

MI: Cell phone SW completely fails particularity; no GFE

This cell phone search warrant completely failed the particularity requirement, and the good faith exception did not apply. Cell phone searches are intrusive, and warrants must be particular. People v. Carson, 2024 Mich. App. LEXIS 1235 (Feb. 15, 2024):

Posted in Uncategorized | Comments Off on MI: Cell phone SW completely fails particularity; no GFE

CA4: Broad social media SWs in sex trafficking case explained

This is a MS-13 sex trafficking appeal. Facebook warrants were issued for communications that were sent via private message. There was a substantial basis for the issuance of the warrants: “The warrant affidavits in this case were well-sourced. They incorporated … Continue reading

Posted in Uncategorized | Comments Off on CA4: Broad social media SWs in sex trafficking case explained

LAT: Opinion: ‘Know why I pulled you over?’ Fortunately, California police can’t ask you that anymore

LATimes: Opinion: ‘Know why I pulled you over?’ Fortunately, California police can’t ask you that anymore by Michael Bochkur Dratver (“As of January, California police officers are required to provide motorists and pedestrians with the reason for stopping them before … Continue reading

Posted in Uncategorized | Comments Off on LAT: Opinion: ‘Know why I pulled you over?’ Fortunately, California police can’t ask you that anymore

MSNBC: Opinion: A hospitalized baby, a terrified mother: A botched police raid in Ohio is the tip of the iceberg

MSNBC: Opinion: A hospitalized baby, a terrified mother: A botched police raid in Ohio is the tip of the iceberg by Radley Balko (“Until judges start taking seriously their responsibility to protect the Fourth Amendment, expect to see more innocent … Continue reading

Posted in Uncategorized | Comments Off on MSNBC: Opinion: A hospitalized baby, a terrified mother: A botched police raid in Ohio is the tip of the iceberg

CA6: Arrest on a PV warrant permits search incident

A parole violation warrant permits a search incident to the arrest. United States v. Henderson, 2024 U.S. App. LEXIS 362 (6th Cir. Jan. 4, 2024) (applying Michigan law) (and after all, the defendant’s going to jail). Stopping with the front … Continue reading

Posted in Uncategorized | Comments Off on CA6: Arrest on a PV warrant permits search incident

“We are rapidly entering the age of no privacy, where everyone is open to surveillance at all times; where there are no secrets from government. The aggressive breaches of privacy by the Government increase by geometric proportions.”

Osborn v. United States, 385 U.S. 323, 87 S.Ct. 429, 439, 17 L.Ed.2d 394) (1966) (Douglas dissenting), Hoffa v. United States, 385 U.S. 293, 87 S.Ct. 408, 17 L.Ed.2d 374 (1966) (concurring in part with Clark), Lewis v. United States, … Continue reading

Posted in Uncategorized | Comments Off on “We are rapidly entering the age of no privacy, where everyone is open to surveillance at all times; where there are no secrets from government. The aggressive breaches of privacy by the Government increase by geometric proportions.”

ProPublica: Body Cameras Were Sold as a Tool of Police Reform. Ten Years Later, Most of the Footage Is Kept From Public View.

ProPublica: Body Cameras Were Sold as a Tool of Police Reform. Ten Years Later, Most of the Footage Is Kept From Public View. by Umar Farooq (“There were 101 people killed at the hands of police in June 2022. More … Continue reading

Posted in Uncategorized | Comments Off on ProPublica: Body Cameras Were Sold as a Tool of Police Reform. Ten Years Later, Most of the Footage Is Kept From Public View.

Today is Bill of Rights Day

December 15, 1791

Posted in Uncategorized | Comments Off on Today is Bill of Rights Day

WaPo: Pharmacies share medical data with police without a warrant, inquiry finds

WaPo: Pharmacies share medical data with police without a warrant, inquiry finds by Drew Harwell (“The revelation could shape the debate over Americans’ health privacy as states move to criminalize abortion and drugs related to reproductive health.”)

Posted in Uncategorized | Comments Off on WaPo: Pharmacies share medical data with police without a warrant, inquiry finds

Reason: DEA’s Domestic Surveillance ‘Mission Creep’

Reason: DEA’s Domestic Surveillance ‘Mission Creep’ by Patrick Eddington (“It appears that DEA agents have been employed on non-drug-related investigations for far longer than they were originally authorized.”)

Posted in Uncategorized | Comments Off on Reason: DEA’s Domestic Surveillance ‘Mission Creep’