Category Archives: Consent

S.D.N.Y.: 4A doesn’t apply to seizure of boat in Fiji belonging to a non-US citizen

The Fourth Amendment does not apply extraterritorially to a boat seizure for forfeiture in Fiji belonging to a noncitizen. “It is hereby ORDERED that Claimants’ request for expedited discovery is DENIED. Claimants’ request is denied because the basis of their … 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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OH10: Taking GSR at scene of shooting was with exigent circumstances

Taking GSR samples from defendant at the scene of a potential murder was with exigent circumstances and wasn’t intrusive. “As in Jarrell, the GSR evidence was highly evanescent evidence that was susceptible to destruction from simple activities like wiping one’s … Continue reading

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E.D.N.C.: The third-party doctrine is information about records, not content

Third party information: “This type of information is unprotected by the Fourth Amendment. See Smith, 442 U.S. at 742. Courts routinely recognize that under Smith’s logic as applied to these statutes, this type of information constitutes communication records, not content.” … Continue reading

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D.Idaho: What’s “full and fair opportunity” under Stone?

“Powell does not specify a particular test for determining whether a state provided a defendant with an opportunity for full and fair litigation of a Fourth Amendment claim. To aid in determination of this question, federal district courts in the … Continue reading

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D.Del.: Claiming a state administrative subpoena creates a “Fourth Amendment defense” is frivolous; removal denied, attorneys fees imposed

The Delaware DOJ sought records in an administrative proceeding against the defendant, and the defendant claimed the subpoena violated the Fourth Amendment and attempted to remove the whole case to federal court because that was a federal defense. This is … Continue reading

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MS: No REP against CI recording you in your own house during drug deal

911 was called about a man passed out in his pickup truck in his driveway at the street.There was no reasonable expectation of privacy against letting in a wired CI under Hoffa. Douglas v. State, 2024 Miss. LEXIS 24 (Jan. … Continue reading

Posted in Consent, Good faith exception, Informant hearsay, Plain view, feel, smell, Probable cause, Reasonable expectation of privacy | Comments Off on MS: No REP against CI recording you in your own house during drug deal

GA: Question in inventory was whether it was reasonable, not whether it was necessary

The question in inventory was whether it was reasonable, not whether it was necessary. Defense counsel wasn’t ineffective for not moving to suppress. McAnnally v. State, 2024 Ga. App. LEXIS 19 (Jan. 18, 2024). The prolonged retention of defendant’s cell … Continue reading

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NC: SW for documents permitted officers to leaf though def’s rehab journal

Officers had a warrant that included documents. An officer leafed through defendants drug abuse/recovery journal looking for things within the warrant without really reading it. He came upon evidence of another crime. A second warrant was obtained for the journal. … Continue reading

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ND: Driver couldn’t consent to search of passenger’s backpack

The driver of a car could not consent to search of a backpack that by all accounts belonged to the passenger. It was where he sat, and the driver said it wasn’t hers. Inside was men’s clothes and stuff. State … Continue reading

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DE: Cell tower dump was reasonable under 4A

Defendant was convicted of robbery and kidnapping of a woman from her apartment complex to go to her ATM machine. Police got cell tower dumps for the nearest towers to the occurrence at the specific times to locate cell phones … Continue reading

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SD: Parole officer could authorize search of def’s computer hard drive for child porn

Defendant was on parole for felony DUI when he became a suspect in a child pornography case. His parole officer authorized a search of his computer hard drive for child pornography, and defense counsel wasn’t ineffective for not challenging the … Continue reading

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Cal.4: Def passed out 45 min. after arrival at hospital; officer’s failure to get SW for blood draw was inexcusable, so no GFE either

Defendant was transported to the hospital after a vehicle accident. The officer was attempting to talk to him. Defendant was lethargic and had a hard time answering questions. About 45 minutes into the hospital stay, he passed out. Blood was … Continue reading

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VA: Def’s consent to a patdown for weapons didn’t include full search of the person

Defendant only consented to a patdown, not a full search of his person. “As Officer Murphy reached into Carter’s jacket pocket, he asked, ‘Nothing on you is gonna poke, prick, or stab me?’ Carter replied, ‘No, sir.’ This exchange did … Continue reading

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OH7: Ohio SW can be for info on California server; SCA contemplates it and CA law says providers must comply with out-of-state process

Defense counsel wasn’t ineffective for not challenging a social media account search warrant issued in Ohio on a California server. The SCA contemplates this, and California law directs computer companies to honor process from other states. Defendant can’t win on … Continue reading

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NY Nassau: Mere theory someone else is inside when it’s not even practical doesn’t support a protective sweep

Police were sent to defendant’s house/dentist office on a report of his menacing with a firearm. Defendant came out and submitted. The entry into the house for exigency or protective sweep was not shown by the state to be justified. … Continue reading

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D.P.R.: No REP of corporate officers in medical records in health care fraud case

Records were taken by a corporate whistleblower on a flash drive from a Puerto Rican health care provider. That led to a 122-count indictment for health care fraud. A motion to suppress was filed over the records. Defendants were corporate … Continue reading

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CA11: Crew of foreign registered ship boarded in international waters has no 4A standing

Defendant had no Fourth Amendment standing when he was a foreign national on a ship of a foreign country that drew the Coast Guard’s attention south of the Cayman Islands. The Coast Guard finally boarded the ship after the country … Continue reading

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IL: Dog’s alert before trespass on the car meant GFE applied

Where the dog indicated an alert almost immediately and before the dog trespassed on the car, the officer had probable cause, and the good faith exception would be applied. People v. Kendricks, 2023 IL App (4th) 230179, 2023 Ill. App. … Continue reading

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NY Kings Co.: The logic that people always have their cell phones on them is enough for nexus to get this SW

Defendant was arrested two days after a shooting. A search warrant was obtained for his cell phone. He resisted because there was no allegation he had the phone on him at the time of the shooting. Essentially, people always have … Continue reading

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