Category Archives: Probation / Parole search

S.D.N.Y.: RS parolee is into drugs justifies PO’s cell phone search

State parole officers with reasonable suspicion defendant was involved in drugs could seize and search his cell phone. United States v. Devaughn, 2022 U.S. Dist. LEXIS 5406 (S.D.N.Y. Jan. 11, 2022). There was no reasonable suspicion for a probation search … Continue reading

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MT: Probation search was justified; its overall reasonableness didn’t warrant suppression here

There was reasonable suspicion for the probation search of defendant’s house based on his wife’s report that he was using meth again. The supervisory PO authorized a warrantless entry if necessary. The record is limited as to the reasonableness of … Continue reading

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S.D.Cal. gives helpful explanation of application of Heck bar

A helpful explanation of the Heck bar to Fourth Amendment claims is Cordova v. Imperial Cnty. Narcotics Task Force, 2022 U.S. Dist. LEXIS 3993 (S.D.Cal. Jan. 7, 2022).* Plaintiff lost her excessive force claim, and the defendants sought attorneys fees … Continue reading

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CA6: Arguable PC defeats false arrest claim

Plaintiff is a police officer who was apparently drunk in the Detroit airport after returning to Michigan with his children for Thanksgiving weekend. He ended up being arrested and sued. He understood he was impaired and was going to have … Continue reading

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TX8: Purely private search of cell phone not suppressed under art. 38.23(a)

The purely private search of defendant’s cell phone finding child pornography that was reported to police was not subject to exclusion under Texas’s art. 38.23(a). If a laptop search is not subject to exclusion, neither is a cell phone. Horne … Continue reading

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CA5: NCMEC not public actor, but its search didn’t exceed private search

NCMEC is not a government actor for Fourth Amendment purposes. Even if it was, its search did not exceed that of the private searcher that forwarded the information to it. “Because Meals has not carried his burden concerning NCMEC’s participation … Continue reading

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MT: When def asserts right to a SW on curtilage, deputy should have left if no exigency

When a sheriff’s deputy came on the curtilage to talk to defendant, defendant asserted his right to a warrant and refused to talk to him. While there were no No Trespassing signs, defendant’s assertion was enough to manifest his reasonable … Continue reading

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IL: Def consented to home inspections as a condition of pretrial electronic monitoring

Defendant was placed on electronic monitoring for his pretrial release in a gun case. The conditions he agreed to included home inspections necessary to determine his adherence to conditions. When the device signaled it had been tampered with, pretrial officers … Continue reading

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W.D.Ky.: Female prison guard seeing ptf on toilet during count didn’t violate 4A

The fact a female prison guard saw the male plaintiff inmate sitting on a toilet during count didn’t violate his Fourth Amendment rights. Sublett v. Hall, 2021 U.S. Dist. LEXIS 241273 (W.D.Ky. Dec. 17, 2021).* No reasonable jury could conclude … Continue reading

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CA4: When POs knocked for a probation visit, sounds from inside gave RS for probation search

“Wimer contends that the probation officers who visited his home lacked reasonable suspicion to search his person. We find that, based on the totality of the circumstances, the officers had reasonable suspicion to search him. At the outset of the … Continue reading

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NY Queens: Cell phone SW with no time restriction overbroad

The search warrant for defendant’s cell phone sought everything on it when a limited time period was at issue. The law is settled in New York. “Here, the search warrant issued allows for an essentially unrestrained search of defendant’s cell … Continue reading

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OH6: No standing in a package stopped in transit where def’s name not anywhere on it

Defendant lacked standing to contest the detention of a package in transit in the Post Office because he was neither shown as the addressee nor the recipient. Even so, there was reasonable suspicion to detain the package. The dog sniff … Continue reading

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CA3: Coast Guard needs only RS to board a vessel to inspect the Oil Record Book about pollution

The Coast Guard had the authority under 14 U.S.C. § 522(a) to conduct a pollution inspection of defendant’s vessel and look at the Oil Record Book. “The Coast Guard’s preliminary examination of the Oil Record Book and Oily Water Separator … Continue reading

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NC: This traffic stop was not based on an objectively reasonable view of statute; stop suppressed

The officer’s mistaken view of the law allegedly justifying the stop was not objectively reasonable under Heien and thus completely without reasonable suspicion. State v. Jonas, 2021-NCCOA-660, 2021 N.C. App. LEXIS 678 (Dec. 7, 2021). This probation search was valid: … Continue reading

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D.Ariz.: Covid-19 testing is (essentially) so minimal it is not a 4A intrusion

“Nasal swab testing for COVID-19 does not create an intrusion under the skin, does not involve any genetic testing, and there is no use of the sample for law enforcement purposes. Accordingly, the Court finds that Gold is unlikely to … Continue reading

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CA6: Individual officer not responsible for process that denied ptf prompt PC hearing under Riverside

While an arrested person has a right to a prompt judicial determination of probable cause for the arrest, it’s not necessarily on the officer to get the person before a magistrate. “[I]t was not objectively unreasonable for Wynkoop to expect … Continue reading

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D.Conn.: Flight from the police with abandonment of stuff obviates the need to decide RS for the stop

Defendant’s flight from the police and abandonment of items in flight was not while he was “seized.” Thus, the need to decide reasonable suspicion for a stop is obviated. United States v. Sockwell, 2021 U.S. Dist. LEXIS 215294 (D.Conn. Nov. … Continue reading

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KS: Officer did not have to rely on def’s representation AW was being withdrawn; dispatch confirmed it was still valid before arrest

There was an arrest warrant for defendant, but it was vacated by the issuing court eight hours after defendant’s arrest. Defense counsel was trying to get it vacated at the time. “Here, Rollf testified that under department policy, after dispatch … Continue reading

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GA: Probationer was unreasonably detained as suspect in a crime where he didn’t match

The state failed in its burden of proof that defendant was lawfully stopped and then detained as a possible suspect in a crime even though he was a probationer. His clothing didn’t match. It was prolonged way past its justification. … Continue reading

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AR: GFE applies to dispatch saying there was a search waiver when there apparently wasn’t

The officer relied in good faith, as in Herring, upon dispatch saying that defendant had a probation search waiver on file. She argued that she had a suspended sentence and never agreed to a search waiver and the suspended sentence … Continue reading

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