Category Archives: § 1983 / Bivens

E.D.La.: No standing in car with stolen LP and no explanation for why driving it

“The Government, however, also provided evidence that the vehicle is not titled to Duncan and had a stolen license plate, arguing that these facts in conjunction establish that while Duncan possessed the vehicle, there is nothing to suggest he did … Continue reading

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NE: Failure to deliver SW to def not 4A violation and doesn’t warrant suppression

Defendant was the subject of a search warrant for a blood draw. The fact he wasn’t given a copy of the warrant doesn’t require reversal. He clearly knew what was going on. State v. Svendgard, 31 Neb. App. 596, 2023 … Continue reading

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W.D.Ky.: Allowing theft from house after a search had a state remedy, so no § 1983 remedy

Plaintiff alleged the Sheriff’s Office, after a search, gave the keys to his place to a convicted felon who stole from him. He has a state remedy, not a § 1983 remedy. Stone v. Taylor Cty. Sheriff Dep’t, 2023 U.S. … Continue reading

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W.D.Tex.: Tasering a suspect before search of the person didn’t taint the search

Tasering a suspect before a search of the person doesn’t taint the search. They were unconnected. United States v. Turner, 2023 U.S. Dist. LEXIS 12453 (W.D. Tex. Jan. 25, 2023).* Defendant in his 2255 doesn’t show ineffective assistance of counsel … Continue reading

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Army: Remotely wiping seized cell phone and watch tampered with search

The prosecution established defendant interfered with a search by remotely wiping her cell phone and watch when she knew they were in the possession of CID and to be searched in a manslaughter investigation. United States v. Strong, 2023 CCA … Continue reading

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SC Const. search and seizure and privacy provision protects abortion rights; Idaho says theirs doesn’t

The state 1971 constitutional amendment recognizing a right to privacy was really enacting what the people always believed about privacy. It provides: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches … Continue reading

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N.D.Ill.: City’s destruction of street cam video was not shown to be in bad faith

Defendant’s motion to dismiss for a discovery violation in not timely processing a subpoena for a street corner camera that allegedly would show that defendant’s turn signal was on and the stop was wrong is denied. The city didn’t timely … Continue reading

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CA3: SOL for arrest and search under § 1983 runs from then

The SOL begins with plaintiff’s arrest and search, not the prosecution. Here it was time-barred. (Plaintiff also doesn’t establish any grounds for equitable tolling other than the library was inaccessible during Covid, and he did nothing for over two years.) … Continue reading

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M.D.Fla.: 14 years of emails in a complicated tax fraud scheme wasn’t overbroad

Fourteen years worth of emails wasn’t overbroad here. “The case involves a complex tax evasion scheme taking place over many years and across international borders. A wide variety of documents would be relevant to prove this scheme. The warrant in … Continue reading

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CA6: Third-party standing in § 1983 fails

Plaintiff is the employer of people detained at a job site. Because their individual claims were small, the company sued for them. The third party standing claim under § 1983 fails, and the employer also admitted that the employees likely … Continue reading

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D.Or.: Ptf stated 1A retaliation claim that SW for his property was because of his speech

Plaintiff stated a claim that execution of a search warrant for his property and writings was retaliation for exercise of First Amendment rights. “Here, when the evidence is viewed in the light most favorable to Plaintiff, a reasonable juror could … Continue reading

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N.D.Ind.: Franks hearing ordered over officer’s claim of smell of MJ

Defendant gets a Franks hearing even if to rebut the government’s claim the good faith exception applies. The affiant officer claimed there was an “overwhelming” smell of marijuana coming from defendant’s house as they approached for a knock-and-talk, which was … Continue reading

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WV: Juvenile “pick-up” order issued on PC was equivalent of warrant for Payton purposes for entry into mom’s home

Entry on a juvenile “pick-up” order here “was founded upon probable cause to believe that her ‘health, safety and welfare’ demanded it …. was the functional equivalent of an arrest warrant and was lawfully issued.” Therefore, the entry was valid … Continue reading

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CA6: City’s order closing hotel ptfs lived in didn’t violate 4A

Plaintiffs’ Fourth Amendment rights weren’t violated by the city’s order closing the motel they lived in because it was uninhabitable. There was a limited time they were without their personal property, but they were shortly allowed access to retrieve things. … Continue reading

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CA6: Search of building next door to def’s building wasn’t reason to suppress def’s search

Officers with a search warrant for 8537 Old Rutledge Pike, Knox County, Tennessee also searched what they believed was an outbuilding at 8533 with a power cord running between them with no indication it was different property. At worst, this … Continue reading

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CA9: In excessive force case, those that did not shoot get QI; facts on those that did are in dispute

Officers who actually fired their weapons here do not get qualified immunity, but those who did not do. Peck v. Montoya, 2022 U.S. App. LEXIS 28822 (9th Cir. Oct. 18, 2022):

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CA7: 4½ days to figure out ptf was innocent didn’t violate 4A or 14A

“Eli Martinez spent four and a half days in custody while he tried to explain to his jailers that his brother, Hector M. Rodriguez, was the one described in an arrest warrant. After Martinez was released, he sued two probation … Continue reading

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E.D.Pa.: On scene seizure for a show-up was reasonable

Defendant’s seizure hiding behind a motorcycle for a victim’s ID to determine whether he was involved in a car jacking was reasonable. United States v. Dangerfield-Hill, 2022 U.S. Dist. LEXIS 168306 (E.D. Pa. Sep. 19, 2022). District court’s injunction against … Continue reading

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D.Idaho: This protective sweep was based on speculation and was unreasonable

Here, the protective sweep claim of the government was factually based on speculation, and was unreasonable. United States v. Iverson, 2022 U.S. Dist. LEXIS 156914 (D. Idaho Aug. 29, 2022). Defendant’s stop for suspieion of criminal activity was reasonable. United … Continue reading

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D.D.C.: DC USMJ can issue SW for iPhone in Texas in domestic terrorism investigation

A USMJ in the District of Columbia has authority to issue a search warrant for an iPhone in Texas in a domestic terrorism investigation tied to the January 6th attack on the Capitol. In the Matter of the Search of … Continue reading

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