Category Archives: Consent

CA10: Consent search of house for medical furlough from hospital after being brought there by police wasn’t coerced

Defendant was detained for DUI, but he had medical issues and police wanted to release him to home under a “medical furlough.” He consented to an inspection of his house and weapons were found. He was never in custody, and … Continue reading →

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CNS: 10th Circuit flags ‘Kansas two-step’ traffic cop trick as unconstitutional

CNS: 10th Circuit flags ‘Kansas two-step’ traffic cop trick as unconstitutional by Andrew J. Nelson (case posted here) (“A 10th Circuit panel on Thursday found that out-of-state motorists who sued Kansas over a traffic stop tactic have standing, but a … Continue reading →

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OH7: Male driver’s consent to search his truck included the purse of his female passenger

The driver’s consent to search his truck included the purse of his female passenger. State v. Mort, 2026-Ohio-249 (7th Dist. Jan. 28, 2026). Motion to suppress filed after sixth trial setting wasn’t timely. On the merits, the claim of lack … Continue reading →

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D.Minn.: The stated reason for the stop was pretextual, but it was with PC

There was probable cause for the stop and search of defendant’s car before the pretextual stop. Therefore, it was all valid. United States v. Nieves, 2025 U.S. Dist. LEXIS 272309 (D. Minn. Dec. 1, 2025).* Defendant’s stop was with reasonable … Continue reading →

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KS: Geofence warrant valid under GFE

This geofence warrant was valid by the good faith exception. State v. Mitchell-Pennington, 2026 Kan. App. LEXIS 6 (Jan. 23, 2026). The omitted facts merely clarified, not defeated, probable cause. The motion to suppress was properly denied. Urrutia v. State, … Continue reading →

Posted in § 1983 / Bivens, Cell phones, Consent, Franks doctrine, geofence, Good faith exception | Comments Off on KS: Geofence warrant valid under GFE

CA7: Stop at night in a high crime area and furtive movements justified protective sweep of car

Defendant was stopped in a high crime area at night, and his furtive movements in the car justified a protective sweep of the car. United States v. Erving, 2026 U.S. App. LEXIS 1377 (7th Cir. Jan. 20, 2026).* Defendant’s car … Continue reading →

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FL: Request for consent after stop outside city jurisdiction was reasonable

A municipal police officer had authority to request consent after a stop outside his territorial jurisdiction. One justice concurring said that’s not a Fourth Amendment violation anyway, and suppression wouldn’t be an appropriate remedy. State v. Repple, 2025 Fla. LEXIS … Continue reading →

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WI: “the end of a romantic relationship does not automatically terminate shared authority when the partner continues to access or use the property”

“The fact that Klein expressed anger toward A.V. and moved some of her belongings outside does not establish that her residential status had ended. He did not finish removing her possessions, he permitted her inside, and her household items remained … Continue reading →

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D.D.C.: Arrest on a warrant where defendant fled justified search incident

Defendant had a warrant for his arrest. He was seen by police, and he fled. When he was tackled to the ground and handcuffed, the officers rolled him over finding a gun in his waistband. It was a valid search … Continue reading →

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CA8: Merely handling bag on a Greyhound Bus at a stop wasn’t a search or seizure

The officer’s handling defendant’s suitcase on a Greyhound Bus for five seconds to remove it from the bus, just as the driver or baggage handlers would, before asking him for consent was not unreasonable. Defendant validly consented to its search. … Continue reading →

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TX12: When passenger was ordered out of car and “couldn’t open” door, officer could

During a traffic stop, an object hanging inside the passenger door concerned the officer. The passenger claimed the door wouldn’t open from inside, so it was reasonable for the officer to open the door when ordering the passenger out. Penney … Continue reading →

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MI: PC for SW completely lacking, so no GFE

“As noted by dissenting Judge Garrett, the search-warrant affidavit failed to connect the firearms and firearm-related items listed in the search warrant with the suspected criminal activity. Therefore, there was not probable cause to believe ‘that contraband or evidence of … Continue reading →

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NC: Admin. tax warrant search of house violated 4A

Search under a general administrative tax warrant under state law violates the Fourth Amendment. This involved a search of a house where the taxes were not paid on illegal drugs. Also, it was issued by the Secretary of Revenue and … Continue reading →

Posted in Administrative search, Consent, Informant hearsay, Neutral and detached magistrate, Probable cause, Warrant papers | Comments Off on NC: Admin. tax warrant search of house violated 4A

N.D.Tex.: Merely being a federal contractor doesn’t make employer’s search state action

Being a federal contractor wasn’t enough to make defendant food service company a state actor. Ellis v. Ben E. Keith Co., 2025 U.S. Dist. LEXIS 217957 (N.D. Tex. Oct. 1, 2025). Officers had a warrant for the place searched and … Continue reading →

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W.D.Ky.: No requirement cell phone search protocol be specified in the SW

There is no requirement in the Sixth Circuit for a cell phone search protocol to be specified in the search warrant. United States v. Lanham, 2025 U.S. Dist. LEXIS 202782 (W.D. Ky. Oct. 14, 2025). There was probable cause defendant … Continue reading →

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D.Minn.: Def’s lies supported finding of consent to search

Despite defendant having some cognitive difficulties, the court concludes his lies to the officer before consenting still supported consent. The ability to lie shows knowledge. United States v. Lumbert, 2025 U.S. Dist. LEXIS 201199 (D. Minn. Aug. 13, 2025):

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CT: No REP in DNA recovered from trash search that connected def to a 36-year-old cold case

Defendant became a suspect in 2020 for cold cases from 1984. A trash search produced a discarded belt that was DNA tested, seemingly matching him to the 1984 crimes. A confirmatory test was done by warrant. Defendant had no reasonable … Continue reading →

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S.D.N.Y.: Legal mail can be copied for inmate to guard against disguised legal mail

Prisons can copy legal mail in presence of the inmate to guard against contraband coming in disguised as legal mail. Prisoners’ Legal Servs. of N.Y. v. United States Dep’t of Homeland Sec., 2025 U.S. Dist. LEXIS 195443 (S.D.N.Y. Aug. 5, … Continue reading →

Posted in Abandonment, Consent, Informant hearsay, Mail and packages, Prison and jail searches | Comments Off on S.D.N.Y.: Legal mail can be copied for inmate to guard against disguised legal mail

HI: No REP in IP information

There is no Fourth Amendment protection in one’s subscriber information provided to a third-party internet service provider and its link to an IP address. State v. Brown, 2025 Haw. LEXIS 268 (Sep. 30, 2025).* The state contends defendant had no … Continue reading →

Posted in Consent, Emergency / exigency, Franks doctrine, Reasonable expectation of privacy | Comments Off on HI: No REP in IP information

C.D.Cal.: Handcuffing an inmate is not a 4A violation

“Plaintiff’s only purported basis for a Fourth Amendment claim is a vague assertion that ‘handcuff/restraints = false report.’ (Compl. at 6). Liberally construed, this appears to suggest that Plaintiff allegedly was seized without sufficient cause. In the prison context, however, … Continue reading →

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