Category Archives: Custody

D.V.I.: 19 warning shots from USCG helicopter to effect stop of boat wasn’t unreasonable

The Coast Guard did not use unreasonable excessive force in firing 19 warning shots from a helicopter to get defendants to stop their boat. United States v. Menocal-Mero, 2024 U.S. Dist. LEXIS 99881 (D.V.I. June 5, 2024). Viewing the bodycam, … Continue reading

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DC: Lights, coming out of car with hand on gun, and “Let me see your hands” was a seizure

This was a show of authority: “With the emergency lights activated, each officer exited the vehicle and yelled, ‘Let me see your hands’ and quickly approached Mr. Mitchell. Officer Phillip had a hand on her firearm while doing so. Officers … Continue reading

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ND: Warrantless entry into garage to investigate driving on a suspended license unreasonable

Officers had probable cause to believe defendant was driving on a suspended DL, and they were parked outside his house and watched him drive into his garage. There was no exigency for the police entry into his garage to arrest … Continue reading

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W.D.N.Y.: SW for devices used for video surveillance included cell phones because apps can be used to view cameras from cell phones

In a search warrant for devices capable of use in video surveillance, a cell phone qualified because apps on phones permitted home surveillance cameras (such as Ring doorbell cams) to be viewed on cell phones. United States v. Hampton, 2024 … Continue reading

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CA3: PC for ptf’s arrest for punching a police horse

“Viewing the facts in the light most favorable to Coco as the non-moving party, we conclude there is a genuine dispute as to whether there was probable cause to arrest Coco for harassing a police horse under Del. Code tit. … Continue reading

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W.D.Pa.: Affidavit for SW doesn’t have to say CI was reliable when the facts and circumstances alleged showed it

Defendant’s allegations of the police not saying in the warrant affidavit the CI was reliable doesn’t matter because the affidavit for warrant shows otherwise why the CI was credited. There was probable cause. To the extent this would be considered … Continue reading

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M.D.La.: Automobile exception doesn’t apply to car parked in owner’s garage

Under Collins, the automobile exception does not apply to a car parked in the owner’s garage. United States v. Dejoie, 2024 U.S. Dist. LEXIS 64270 (M.D. La. Apr. 8, 2024). “The exclusionary rule does not apply to ‘physical evidence that … Continue reading

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OH4: Officer saying he had PC to search when he didn’t made search without consent

“We find that the detective did have reasonable suspicion to make an investigative stop of Stephenson’s vehicle based on the information provided by an informant. However, the detective lacked probable cause to search the vehicle and the purported ‘consent’ that … Continue reading

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D.Minn.: SW arguably included use of cell site simulator to track phone; GFE applied in any event

The state issued warrant here authorized the use of a cell site simulator, but this wasn’t explicitly stated in the affidavit for warrant. And, the affidavit wasn’t incorporated into the warrant either. This is a close question. The court comes … Continue reading

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LA5: Omission wasn’t material for Franks and it was only negligent, if anything

“There is no evidence to demonstrate that any omission of Mr. Daleo’s prior statement in the probable cause affidavits was intentional. Further, we find the applications demonstrate that the attesting officers had reasonable grounds to believe that defendant’s residence and … Continue reading

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UT: Being hospitalized having been shot by police isn’t “custody” for Miranda purposes

A person hospitalized after having been shot by the police is not per se “in custody” for Miranda purposes. The reason for the shooting was the safety of the officers and others, not custody. Tennessee v. Garner isn’t even close, … Continue reading

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E.D.N.C.: Posting political candidate’s address online violated no REP

A candidate running for office had his address posted online, and this did not violate any reasonable expectation of privacy or Fourth Amendment right. His voter registration address was already online. Sharma v. Hirsch, 2023 U.S. Dist. LEXIS 202163 (E.D.N.C. … Continue reading

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E.D.Cal.: No 4A right to be detained and interrogated in a certain way

There is no Fourth Amendment right to be detained and interrogated in a certain way more to one’s liking. Hendrix v. City of Madera, 2023 U.S. Dist. LEXIS 163446 (E.D. Cal. Sep. 14, 2023)*:

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D.Nev.: Clearly established state statute doesn’t translate to clearly established constitutional law

Clearly established state statute doesn’t translate to clearly established constitutional law for § 1983 qualified immunity purposes. Brown v. Tromba, 2023 U.S. Dist. LEXIS 149020 (D. Nev. Aug. 23, 2023).* “In their reply brief the OSA Defendants cite cases concerning … Continue reading

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E.D.Ark.: Ptf’s Facebook posts shooting guns supported use of flashbang during drug raid

Plaintiff’s Facebook posts of her shooting guns on her property supported the use of flashbang devices when her house was subjected to a drug raid by the SWAT team. Davenport v. City of Little Rock, 2023 U.S. Dist. LEXIS 119102 … Continue reading

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OH12: Protective sweeps didn’t require consent

The protective sweep didn’t require consent. Moreover, the argument wasn’t preserve below. State v. Mott, 2023-Ohio-2268 (12th Dist. July 3, 2023).* Based on the totality, it was objectively reasonable to believe defendant was speeding when the officer decided to stop … Continue reading

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CA7: Claim of excessive force in arrest by federal agent does not state new type of Bivens claim

A claim of excessive force during an arrest by a federal agent does not state a new type of Bivens claim, and it can proceed. Snowden v. Henning, 2023 U.S. App. LEXIS 16221 (7th Cir. June 27, 2023). (This was … Continue reading

Posted in § 1983 / Bivens, Consent, Custody, Reasonable suspicion, Unreasonable application / § 2254(d) | Comments Off on CA7: Claim of excessive force in arrest by federal agent does not state new type of Bivens claim

WA: Driver couldn’t consent to search of passenger’s backpacks

Defendant was in a car that was stopped for a traffic offense. He had warrants and he tried to flee the scene, but didn’t get far. In the car were his backpacks. The driver consented to a search of the … Continue reading

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SD: Def not in custody during DNA SW when asked basic questions

Despite language difficulties, defendant did speak some English, enough to refer to erection difficulties, and he never indicated he didn’t understand. He was not in custody for Miranda purposes when he was asked some basic questions and volunteered information while … Continue reading

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CA6: Even if harassment was a basis to exclude a parole search, it wasn’t shown here

The exclusionary rule does not apply in supervised release revocation proceedings. Even if harassment by the officer was a basis to exclude, it wasn’t present here. United States v. Robinson, 2023 U.S. App. LEXIS 6756 (6th Cir. Mar. 21, 2023)* … Continue reading

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