Category Archives: Uncategorized

fourthamendment.com is 21 today

February 24, 2003.

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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

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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):

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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

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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

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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

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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

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“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

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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

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Today is Bill of Rights Day

December 15, 1791

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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.”)

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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.”)

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Another AI pleading with made up caselaw

Pranshu Verma and Will Oremus, These lawyers used ChatGPT to save time. They got fired and fined. (Wash. Post Nov. 16, 2023) (“Artificial intelligence is changing how law is practiced, but not always for the better”). That’s the lead but … Continue reading

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D.Minn.: Failure to show nexus still saved by GFE because there’s always an inference

The affidavit for warrant here completely failed to link defendant’s residence to drugs. One fact was that he left there, met up with a confederate, and went to a drug deal. That wasn’t enough. Still, the good faith exception saves … Continue reading

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“Breaking Bad” ended a decade ago today

Last of 62 episodes September 29, 2013.

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N.D.Ohio: Erroneous DL suspension record still led to a valid search

An erroneous DL suspension record still led to a valid search. (Evans; Herring) United States v. Boxx, 2023 U.S. Dist. LEXIS 172377 (N.D. Ohio Sep. 27, 2023). Appellant’s request that the court of appeals reject Franks and state supreme court … Continue reading

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IL: Frisk unjustified without showing risk def was armed

Defendant’s frisk was unjustified. There was no reasonable suspicion he was armed. People v. Lozano, 2023 Ill. LEXIS 463 (Sep. 21, 2023).* Defendant used his cell phone to arrange drug deals, and a search warrant was sought for the phone. … Continue reading

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NYT: The Man Who Trapped Us in Databases

NYT: The Man Who Trapped Us in Databases by McKenzie Funk Hank Asher was a drug smuggler with a head for numbers — until he figured out how to turn Americans’ private information into a big business.

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Just Security: Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)

Just Security: Resolving Carpenter’s Third-Party Paradox (Part II – The Solution) by Michael Dreeben, Elizabeth N. Hadley, Conor S. O’Shea and Johanna Seale:

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D.Neb.: Failure to mention lack of ShotSpotter alert in SW affidavit after seeing possible evidence inside SUV not material

Police responding to a shots fired call looked through the windows of defendant’s Tahoe and saw a gun magazine. Failure to mention the lack of a ShotSpotter alert wasn’t material. United States v. Johnson, 2023 U.S. Dist. LEXIS 164666 (D. … Continue reading

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