Category Archives: Reasonableness

RI: Commercial fishing is a “closely regulated industry” and a vessel’s monitoring system could be examined

Commercial fishing is a closely regulated industry. “Appellant also had a sea scallop permit, requiring the vessel to have a vessel monitoring system (VMS), which transmits global positioning system (GPS) coordinates every half hour to the National Marine Fisheries Service.” … Continue reading

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NJ: Visitor had standing in his own stuff, even if not the place

A visitor had standing to contest the search of his own stuff while he was there. (And the alleged consent of his mother was suspect.) State v. Marcellus, 2022 N.J. Super. LEXIS 67 (May 18, 2022). Defendant was stopped for … Continue reading

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ID: Calling for drug dog before RS existed extended the stop

During the traffic stop, the diversion to call for a drug dog was without reasonable suspicion and it extended the stop. State v. Still, 166 Idaho 351, 458 P.3d 220 (App. 2019), is overruled. State v. Karst, 2022 Ida. LEXIS … Continue reading

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IN: State const’l arguments have to be raised in trial court first

Defendant’s argument for a change in standing law under the state constitution that he should have the ability to challenge the search of another person’s person and clothing wasn’t raised below, so it’s waived. State v. Allen, 2022 Ind. App. … Continue reading

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TN: Owner of premises could consent to enter room of visitor

Defendant was a suspect in a murder, and police were admitted to the house where he stayed by consent of the owner. He wouldn’t come out of his bedroom, so they went in. The owner had complete control over the … Continue reading

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CA11: Def’s innocent explanation for his behavior still left PC

Defendant’s innocent explanation for his behavior still left probable cause. United States v. Clark, 2022 U.S. App. LEXIS 11504 (11th Cir. Apr. 28, 2022). Defendant was arrested two weeks after a string of robberies, and his cell phone was taken … Continue reading

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E.D.N.C.: Violation of state SW statutes and rules not a 4A violation

Violation of state statutes or rules in issuing search warrants is not a Fourth Amendment issue. And, nexus was shown: “So interpreting the affidavit, and based on the totality of the circumstances including the role cell phones generally play in … Continue reading

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E.D.Ark.: City’s court order made clean up and removal of ptf’s property reasonable

Plaintiff was told for years to clean up his property from unsightly construction materials and equipment. After many failed efforts to get him to do so, the city obtained a court order to remove the property. It removed nine trailerloads … Continue reading

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D.S.D.: Def’s delay on his own paperwork extended the stop

The stop was reasonably extended by the passenger’s not providing paperwork timely and in giving apparently false information. United States v. Wise, 2022 U.S. Dist. LEXIS 65558 (D.S.D. Apr. 8, 2022).* There was reasonable suspicion for defendant’s stop. “The totality … Continue reading

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CA4: The fact a traffic stop could have been more efficient doesn’t mean it was otherwise unreasonable

“In sum, though the stop could have been shorter (and begun more efficiently), it wasn’t impermissibly prolonged. Marcel and Haigler’s actions were reasonably related to investigating an expired license plate. And this basis for the stop quickly mushroomed into other … Continue reading

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OR: Officer’s conclusion def violated traffic law here not reasonable

The officer’s conclusion defendant violated a traffic law here wasn’t a reasonable conclusion, and the motion to suppress should have been granted. State v. Brown, 318 Ore. App. 713, 2022 Ore. App. LEXIS 585 (Apr. 6, 2022). A named CI’s … Continue reading

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CA3: “[R]easonableness [of force] under the Fourth Amendment should frequently remain a question for the jury”

“Given the totality of the circumstances, the District Court erred in concluding as a matter of law that the use of force was objectively reasonable. See Giles v. Kearney, 571 F.3d 318, 327 n.4 (3d Cir. 2009) (denying summary judgment … Continue reading

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D.N.J.: Whether this state court judge could legally issue a telephonic warrant isn’t a 4A violation

Whether a lower court judge could issue a telephonic search warrant under state law doesn’t matter in federal court or the Fourth Amendment. “To begin with, the defendant raises at best a state-law technicality that is not of federal constitutional … Continue reading

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CA3: Def’s flight before the “Rodriguez moment” was on him

“We have ‘recognized the possibility that the Rodriguez moment occurs when an officer no longer pursues the tasks tied to the traffic stop even though he reasonably could have continued with those tasks.’ Garner, 961 F.3d at 270 (citing Green, … Continue reading

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CA6: There was PC for SW for real time pinging of def’s cell phone

There was probable cause for a search warrant for real time pinging of defendant’s cell phone to try and find out where he was. United States v. Ennis, 2022 U.S. App. LEXIS 8779 (6th Cir. Apr. 1, 2022). Defendant was … Continue reading

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D.Neb.: Dog sniff during investigation of a traffic accident didn’t extend the stop

“The evidence before the Court indicates the canine sniff in this case did not prolong the ‘mission’ of Officer Sautter’s traffic accident investigation. The total length of time from when Defendant’s vehicle was struck to when Officer Sautter’s canine alerted … Continue reading

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D.Neb.: State officer’s jurisdiction is not a 4A question

State officers outside their jurisdiction making an arrest is not alone a Fourth Amendment violation. Virginia v. Moore. United States v. Blair, 2022 U.S. Dist. LEXIS 47833 (D.Neb. Mar. 17, 2022).* Defendant found to have consented to a search after … Continue reading

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NY Oneida: Order for DNA sample doesn’t require a pending criminal case

A DNA sample can be sought by court order before a criminal case is filed. People v. Forte, 2022 NY Slip Op 22066, 2022 N.Y. Misc. LEXIS 873 (Oneida Co. Mar. 9, 2022). The scope and manner of the stop … Continue reading

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S.D.N.Y.: Two parking tickets in same day not a 4A violation

Multiple parking tickets in NYC in one day is not an unreasonable seizure under the Fourth Amendment. Nor an excessive fine under the Eighth; nor a due process violation under the Fourteenth. Torres v. City of New York, 2022 U.S. … Continue reading

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D.Ariz.: Telling def to get out of vehicle and sit on curb is seizure

“The Court concludes that the encounter transformed into a seizure only moments later, when Deputy Baptista asked Defendant to step out of the vehicle and have a seat on the curb. Although these requests were phrased as questions, they would … Continue reading

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