Category Archives: Probable cause

N.D.Ga.: Dissipation of PC for automobile exception search?

Defendant argues dissipation of probable cause in an automobile exception search, but cites no cases. Probable cause always has to exist at the time of the search. One can imagine that it can go stale, but not generally, and not … Continue reading

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NY3: Typo in SW affidavit could be overlooked when context is apparent

A typographical error in the statement of probable cause could be overlooked when the affidavit is read as a whole, which is what the court is supposed to do. People v. Malloy, 2024 NY Slip Op 03203, 2024 N.Y. App. … Continue reading

Posted in Franks doctrine, Mail and packages, Probable cause, Warrant papers | Comments Off on NY3: Typo in SW affidavit could be overlooked when context is apparent

MN: Jail call to delete Facebook pages because of incriminating information was PC for SW

Defendant told a person he called from jail to delete his Facebook accounts because of potentially incriminating evidence on it. The state showed probable cause and particularity for the Facebook warrant. State v. Sardina-Padilla, 2024 Minn. LEXIS 307 (June 12, … Continue reading

Posted in Admissibility of evidence, Cell site location information, Probable cause, Social media warrants, Waiver | Comments Off on MN: Jail call to delete Facebook pages because of incriminating information was PC for SW

CA4: Alleged dirty cop involved in SW but not at trial wasn’t enough for new trial

An alleged dirty cop who didn’t testify at trial and was part of obtaining the search warrant was not enough to get a new trial. United States v. Banks, 2024 U.S. App. LEXIS 14273 (4th Cir. June 12, 2024). The … Continue reading

Posted in Admissibility of evidence, Probable cause, Social media warrants | Comments Off on CA4: Alleged dirty cop involved in SW but not at trial wasn’t enough for new trial

NJ: Smell of MJ permits search of locked glovebox under automobile exception

The smell of marijuana permitted a search of a locked glove compartment in a car under the automobile exception without officers having to determine exactly where the smell was coming from. A locked glove compartment is not analogous to the … Continue reading

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ID: Still reasonable to rerun LPN information during stop, having done it earlier in day

Earlier in the day before the traffic stop, the officer had already run defendant’s LPN. It was reasonable to do it again during the stop, and this did not unconstitutionally lengthen the stop. State v. Tranmer, 2024 Ida. App. LEXIS … Continue reading

Posted in Franks doctrine, Good faith exception, Probable cause, Reasonable suspicion | Comments Off on ID: Still reasonable to rerun LPN information during stop, having done it earlier in day

D.Nev.: Affidavit accompanying cell phone SW provided particularity

If the affidavit accompanies the warrant it can cure particularity problems. Here it did. United States v. King, 2024 U.S. Dist. LEXIS 103299 (D. Nev. June 11, 2024).* Plaintiff stated a claim for arrest without probable cause by the defendant … Continue reading

Posted in Arrest or entry on arrest, Particularity, Probable cause, Reasonable suspicion | Comments Off on D.Nev.: Affidavit accompanying cell phone SW provided particularity

MN: Warrantless DNA swabbing of apt door violated curtilage

The warrantless DNA swabbing of defendant’s apartment door was within the curtilage because it required physical contact, which is different than a dog sniff. “Although members of the public and law-enforcement officers generally have an implied license to approach a … Continue reading

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E.D.N.Y.: There was RS for def’s border cell phone search for drug importation

While the law isn’t completely clear on the justification for a cell phone search at the border, the justification for either standard is satisfied. There was clearly reasonable suspicion of drug importing at JFK for search of his cell phone. … Continue reading

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D.Minn.: Parole cell phone search under MN law was reasonable under 4A

Defendant’s parole cell phone search under Minnesota law was reasonable under the Fourth Amendment. United States v. Guevara, 2024 U.S. Dist. LEXIS 100403 (D. Minn. June 6, 2024). Driving one’s car to controlled buys gives probable cause for the vehicle. … Continue reading

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N.D.Tex.: Prison shakedown search that included strip searches was reasonable

Prison shakedown search that included strip searches was reasonable. “The foregoing sufficiently demonstrates the fittingness of these strip searches under the Fourth Amendment. These routine strip searches, which occur only twice per year, require the upheaval of all prisoners and … Continue reading

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CA11: Excessive force claim against USMS Fugitive Task Force barred by Egbert and Bivens

USMS Fugitive Task Force shot and killed a person they were arresting. Under Egbert, there’s no Bivens claim here. Robinson v. Sauls, 2024 U.S. App. LEXIS 13432 (11th Cir. June 4, 2024) (another death knell for Bivens). Defendant abandoned his … Continue reading

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CA8: SW including “electronic files” meant computer could be searched

A search warrant that included “electronic files” meant that a computer could be searched. United States v. Lukassen, 2024 U.S. App. LEXIS 13392 (8th Cir. June 4, 2024). Defendant didn’t show standing in the car he was driving, and it … Continue reading

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GA: SW for a physical nonperishable item wasn’t stale

In a child sex abuse case, the trial court erred in finding the warrant stale that a massaging tool used on the victim wouldn’t likely be there. It was a physical object and nonperishable. It was not stale. State v. … Continue reading

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E.D.Mich.: Younger bars federal injunction against state criminal prosecution

Younger bars an injunction against defendant’s criminal prosecution for an alleged illegal search. McDowell v. Plymouth Twp. Police Dep’t, 2024 U.S. Dist. LEXIS 96568 (E.D. Mich. May 30, 2024). “Reasonable jurists could not disagree with the district court’s denial of … Continue reading

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GA: Merely having a traffic accident doesn’t justify SW for car for cause

Probable cause didn’t exist for a warrant to search defendant’s car after a traffic accident for the cause of the accident. “Here, given the circumstances as they existed when the search warrant was issued, we find that the magistrate did … Continue reading

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CA5: CBP dog sniffing for people was PC even if it couldn’t differentiate between the driver and alleged hidden passengers

A CBP dog trained to sniff for people provided reasonable suspicion even against the argument of how the dog could differentiate between the truck driver and hidden passengers. United States v. Martinez, 2024 U.S. App. LEXIS 12043 (5th Cir. May … Continue reading

Posted in Dog sniff, Probable cause, Rule 41(g) / Return of property | Comments Off on CA5: CBP dog sniffing for people was PC even if it couldn’t differentiate between the driver and alleged hidden passengers

D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

The DEA’s failure to make a detailed inventory is not grounds to suppress the inventory, citing cases from other circuits. United States v. Veale, 2024 U.S. Dist. LEXIS 88011 (D.N.M. May 15, 2024). Sometimes clients are their own worst enemy … Continue reading

Posted in Consent, Exclusionary rule, Inventory, Probable cause, Reasonable expectation of privacy, Standards of review | Comments Off on D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession

Defendant lacked standing to challenge the search of his shooting victim’s cell phone. Also, by statute the search of the phone more than 10 days after seizure was reasonable. State v. Lowry, 2024 La. App. LEXIS 804 (La. App. 5 … Continue reading

Posted in § 1983 / Bivens, Cell phones, Franks doctrine, Probable cause, Standing, Warrant execution | Comments Off on LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession

E.D.Ark.: Landlord and tenant refused rental property inspection and SW was validly issued and protected privacy interests

The renter of property has a Fourth Amendment right in the property under the city rental inspection code but not if a warrant is issued. Here, the owner and tenant refused inspection and entry, and the city obtained an administrative … Continue reading

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