Category Archives: Issue preclusion

CA9: Knock-and-announce failure doesn’t lead to suppression

Knock-and-announce failure doesn’t lead to suppression. United States v. Benlevi, 2025 U.S. App. LEXIS 2452 (9th Cir. Feb. 4, 2025). Police were called to a motel where a vehicle was illegally parked in a handicapped zone for an hour allegedly … Continue reading

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TN: Ptf’s actions at DV call justified officers’ greater force

The totality of the circumstances, including the nature of the domestic violence call, appellant’s armed presence near the scene, his rapid movement towards the officers while armed, and the short timeframe, made the officers’ use of deadly force objectively reasonable … Continue reading

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MS: Admitted “general crime control” roadblock still upheld based on part-time officer’s inexperience

While the officer in charge of the DL roadblock (highway safety) essentially admitted it was for general crime control (see Edmund v. City of Indianapolis), the court goes with the DUI arrest being valid. The officer “was the most inexperienced … Continue reading

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WA: Long on vehicle protective sweeps not overruled by Gant

Michigan v. Long on protective sweeps of vehicles when a weapon is reasonably feared was not overruled by Gant. State v. Howard, 2025 Wash. App. LEXIS 151 (Jan. 28, 2025). The protective sweep would have been invalid but for valid … Continue reading

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D.Ariz.: USPO can turn phone seized in supervised release over to FBI

It was not improper for the PO to turn defendant’s phone over to the FBI to search it when it was already lawfully seized. “This is not a stalking horse case.” The delay was not unreasonable. United States v. Fuller, … Continue reading

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CA9: Consent obtained by trickery is not voluntary

Consent obtained by trickery is not voluntary. United States v. Beland, 2025 U.S. App. LEXIS 1019 (9th Cir. Jan. 16, 2025). “[T]here is no indication from the record that the consent was in any way coerced, that Fiallos-Pena and Verganza … Continue reading

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E.D.Tenn.: The alleged illegality of the later arrest doesn’t undo def’s abandonment in flight

Defendant fled, he said, in fear of his life, not knowing that it was the police. He abandoned property in flight. The fact the later arrest might turn out to be invalid doesn’t undo the abandonment. United States v. Ross, … Continue reading

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CA1: Report of a dead body in a house for a day didn’t justify warrantless entry

The police entered defendant’s home on a report of a dead body inside. They knew, however, the person was dead at least a day and likely wasn’t inside the home by then. The emergency exception did not apply. United States … Continue reading

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D.P.R.: State nighttime search rule on state warrant inapplicable in federal court

The fact a state nighttime search warrant doesn’t comply with state law doesn’t matter in federal court. It’s whether Rule 41 and the Fourth Amendment were complied with. Then, the defendant has to show prejudice. Also, the fact defendant had … Continue reading

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FL3: With a change in statute, mere possession of a firearm in a high crime area wasn’t RS

“While the officer observed Sheppard with a concealed weapon in a high crime area, under the revised statute making non-licensure an element of the crime of concealed carry, Sheppard’s mere possession of the concealed weapon did not constitute criminal activity. … Continue reading

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C.D.Cal.: Warehouse used as a residence required admin. warrant for fire inspection

A fire inspection of a warehouse that was being used as a residence was subject to the administrative warrant requirement. No exception applies. Hannan v. L.A. Cty. Fire Dep’t, 2024 U.S. Dist. LEXIS 235999 (C.D. Cal. Dec. 9, 2024). 2254 … Continue reading

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CA10: Parole supervisor could conduct parole search

The fact a parole supervisor conducted the parole search and not a “parole officer” doesn’t make the parole search unreasonable. United States v. Barron, 2025 U.S. App. LEXIS 258 (10th Cir. Jan. 7, 2025). Plaintiff’s First Amended Complaint is more … Continue reading

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W.D.Wash.: Hypothetical 4A violation from civil investigative demand doesn’t confer Art. III standing

Hypothetical future Fourth Amendment injury from a state AG’s civil investigative demand doesn’t confer Art. III standing. Obria Grp., Inc. v. Ferguson, 2025 U.S. Dist. LEXIS 1166 (W.D. Wash. Jan. 3, 2025). “Here, a common-sense review of the warrant affidavit … Continue reading

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W.D.Va.: No REP prison visit with nonlawyer wouldn’t be videorecorded on bodycam

Plaintiff had no reasonable expectation of privacy in his prison visit with his brother being recorded on body camera of a nearby correctional officer. Saunders v. Vilbrandt, 2025 U.S. Dist. LEXIS 989 (W.D. Va. Jan. 2, 2025).* “To the extent … Continue reading

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NJ: Search not suppressed because bodycam wasn’t turned on

New Jersey has a bodycam directive that was apparently violated by the officers not turning theirs on before a search. Failure to turn on the bodycams was not a constitutional violation, and the court refuses to suppress. In addition, “the … Continue reading

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E.D.Ky.: § 1983 complaint against his state case is barred by Younger

Plaintiff’s § 1983 complaint against his state case is barred by Younger. Cuffee v. Cabuay, 2024 U.S. Dist. LEXIS 233153 (E.D. Ky. Dec. 27, 2024).* Defendant has no standing to challenge the search of another person’s cell phone. United States … Continue reading

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N.D.Ala.: A keycard found on def in a search incident for something else not suppressed

A keycard on defendant was properly seized incident to arrest. It wasn’t evidence of the crime of the arrest, but it was of another crime. United States v. Croom, 2024 U.S. Dist. LEXIS 231419 (N.D. Ala. Dec. 2, 2024), adopted … Continue reading

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CA5: Where 4A claim undecided below, it doesn’t form basis for stay

In the appeal of Texas Top Cop Shop, Inc. v. Garland, posted here, the Fifth Circuit doesn’t rely on the undecided Fourth Amendment claim in deciding on a stay. 2024 U.S. App. LEXIS 32565 (5th Cir. Dec. 23, 2024).* The … Continue reading

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NV: No suppression for a delayed return of SW

State law says that the product of search warrants can be suppressed when they were wrongfully executed. That says nothing about a delayed return, and the search won’t be suppressed for that reason. Alvarez v. State, 2024 Nev. LEXIS 69 … Continue reading

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KY: No BAC SW without death or physical injury by statute

The DUI BAC statute requires that a search warrant for blood alcohol can only be issued if there was a death or physical injury involved, and this court has previously upheld that limitation. Here, there was no death or physical … Continue reading

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