Category Archives: Reasonableness

S.D.N.Y.: Two years to search a password protected computer, and more after mistrial, was not unreasonable

The government got a search warrant for defendant’s computer in days, but it took two years to complete the forensic review because of password protection. The two-year delay was thus not unreasonable. After a mistrial, the government kept searching, and … Continue reading

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Cal.4th: SW papers for cell site simulators remain under seal because CIs are identified in there

EFF sued for access to search warrant materials that led to use of cell site simulators. The court finds that the protection of named CIs in the papers still needs to be protected, and they remain under seal. Electronic Frontier … Continue reading

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E.D.N.Y.: Rental car GPS data not comparable to CSLI; it’s just third-party information

Rental car location tracking is significantly different from CSLI. It is purely third-party information. Moreover, the rental car company consented to the taking of the information. United States v. Brown, 2022 U.S. Dist. LEXIS 166119 (E.D.N.Y. Sept. 14, 2022). The … Continue reading

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MD: Appointment of state trial judges not 4A violation; they have statewide jurisdiction for SWs

Maryland trial judges have statewide jurisdiction for search warrants. Thus, the assignment of judges in Baltimore by the Chief Judge of the state high court violated nothing under the Fourth Amendment. (Without citing Virginia v. Moore. And, even if it … Continue reading

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CT: Blood draw by nurse at hospital was not 4A search

The taking of a blood sample by a nurse at a hospital is not a Fourth Amendment search. State v. Ragalis, 2022 Conn. Super. LEXIS 2025 (New Britain Sept. 8, 2022). Custody under Miranda is not the same as a … Continue reading

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W.D.N.C.: Not 4A violation to order def to keep hands visible

It is not a violation of the Fourth Amendment to tell the defendant to keep his hands visible and not reach in the car during a stop. If a person can be ordered out of the car for officer safety, … Continue reading

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N.D.Cal.: Prolonging traffic stop to inquire of probation or parole status unreasonable

Prolonging the traffic stop for further information on defendant’s parole and probation status was unreasonable. It diverted from the traffic stop. United States v. Gould, 2022 U.S. Dist. LEXIS 142915 (N.D. Cal. Aug. 10, 2022). The protective sweep of defendant’s … Continue reading

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M.D.Pa.: No QI for violation of knock-and-announce; fact question for trial

Defendant officers’ motion for summary judgment on qualified immunity for violating the knock-and-announce rule is denied. The law is well settled for 25 years and there are no blanket exceptions. The rest is fact bound. Murphy v. Grochowski, 2022 U.S. … Continue reading

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IA: Smell of MJ smoke 6 days earlier wasn’t stale here

“[W]e conclude that although this was an isolated event and the evidence sought was easily removable, the passage of six days was not significant enough to render the warrant stale.” State v. Euchner, 2022 Iowa App. LEXIS 590 (Aug. 3, … Continue reading

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MI: Unreasonable interpretation of traffic law voids stop

Defendant and another person in cars from opposite directions stopped on a road with no other cars to chat [as in: police do that all the time, usually off the road, like at the EV charging station near my house]. … Continue reading

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CA10: Arrest outside officer’s jurisdiction irrelevant under 4A

Even if the officer arrests plaintiff outside the jurisdiction, state law is irrelevant under the Fourth Amendment. The search incident to the arrest was valid. Frey v. Town of Jackson, 2022 U.S. App. LEXIS 20652 (10th Cir. July 26, 2022). … Continue reading

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D.Mont.: 4A controls search and seizure, not the Indian Civil Rights Act

This search is governed by the Fourth Amendment, not the Indian Civil Rights Act. United States v. Porche, 2022 U.S. Dist. LEXIS 130552 (D. Mont. July 21, 2022). The record supports the district court’s conclusion defendant wasn’t impaired when he … Continue reading

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CA7: The question is not whether def committed a traffic violation, it’s whether the officer reasonably believed he did

“‘[T]he question … is whether [the officer] reasonably believed that he saw a traffic violation, not whether [the defendant] actually violated the [law].’ Cole, 21 F.4th at 428.” United States v. Yang, 2022 U.S. App. LEXIS 19125 (7th Cir. July … Continue reading

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CA4: Asking motorist whether he is armed relates to officer safety

Asking motorist whether he is armed relates to officer safety, and it is reasonable during a stop. United States v. Racer, 2022 U.S. App. LEXIS 18664 (4th Cir. July 7, 2022). Dog sniff outside an apartment door didn’t violate any … Continue reading

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Cal.6: Calling drug dog before the stop helped show the stop was prolonged for dog’s arrival

The officer unreasonably prolonged the stop for the arrival of the drug dog. While subjective intentions aren’t determinative under Whren, here the officer called for the drug dog before the stop even happened. People v. Ayon, 2022 Cal. App. LEXIS … Continue reading

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CA11: Reasonable mistake of law on basis for stop was not 4A violation

“An officer’s reasonable mistake of law—that is, when ‘the law turns out to be not what was thought’—can justify probable cause. [Heien] at 61-64. The officer ‘deserve[s] a margin of error’ when ‘the application of a statute is unclear—however clear … Continue reading

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M.D.La.: Car could be searched when it was stopped near home being searched with SW

“[O]fficers were entitled to search the car pursuant to the warrant because Defendant was stopped within the immediate vicinity of his residence.” United States v. Clayton, 2022 U.S. Dist. LEXIS 116345 (M.D. La. June 30, 2022).* During a traffic stop, … Continue reading

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S.D.Ga.: Exclusionary rule wouldn’t apply to equal protection challenge to stop

A subjective intent (Whren) argument not presented to the USMJ is rejected. Even if the court got to the merits, the exclusionary rule wouldn’t apply to an equal protection challenge. United States v. Lewis, 2022 U.S. Dist. LEXIS 115137 (S.D. … Continue reading

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W.D.La.: If the stop is too long for Rodriguez the defense should at least show it

If the stop is too long for Rodriguez, the defense should at least attempt to show it. “Because there is nothing set forth in the facts alleged by both parties that shows Carter’s detention was lengthy or extended beyond the … Continue reading

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E.D.Tenn.: Lack of forensic testing of drug from controlled buy is not a Franks issue

“Lack of scientific corroboration” defendant delivered a controlled substance is not a Franks violation. United States v. Moore, 2022 U.S. Dist. LEXIS 111382 (E.D. Tenn. June 23, 2022).* “Here, under the totality of the circumstances, the Court finds that a … Continue reading

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