Category Archives: Reasonableness

W.D.Ky.: Delayed search of a computer was not unreasonable under either 4A or Rule 41(e)(2)(B)

The delayed search of defendant’s computer was not unreasonable under the Fourth Amendment or Rule 41(e)(2)(B) because it wasn’t practical to do so at the scene. United States v. White, 2024 U.S. Dist. LEXIS 117526 (W.D. Ky. July 3, 2024).* … Continue reading

Posted in Computer and cloud searches, Plain view, feel, smell, Reasonableness | Comments Off on W.D.Ky.: Delayed search of a computer was not unreasonable under either 4A or Rule 41(e)(2)(B)

D.N.M.: Summary judgment for defs denied in Torres v. Madrid on remand

On remand in Torres v. Madrid, 141 S. Ct. 989, 209 L.Ed.2d 190 (Mar. 25, 2021), the defendant’s summary judgment motion is denied. Torres v. Madrid, 2024 U.S. Dist. LEXIS 117079 (D.N.M. July 2, 2024).* An out-of-state temporary plate where … Continue reading

Posted in Excessive force, Inevitable discovery, Reasonable suspicion, Reasonableness, Seizure | Comments Off on D.N.M.: Summary judgment for defs denied in Torres v. Madrid on remand

CA2: Briefly seeing occupants of a house searched nude was not unreasonable

Under Los Angeles County v. Rettele, plaintiffs’ nude exposure to searching officers during a raid on a home wasn’t unreasonable. Jury verdict for defendants affirmed. Also, this was not a strip search. Miller v. City of N.Y., 2024 U.S. App. … Continue reading

Posted in Administrative search, Reasonableness, Strip search, Warrant execution | Comments Off on CA2: Briefly seeing occupants of a house searched nude was not unreasonable

LA1: Opening car door to check for others after speeding stop was reasonable where windows were overtinted

Defendant was seen at 10 pm on radar going 94 in a 35, and the officer gave chase for over four miles, sometimes clocking defendant at 135. When finally stopped and with defendant in the police car, the officer went … Continue reading

Posted in Excessive force, Reasonable suspicion, Reasonableness | Comments Off on LA1: Opening car door to check for others after speeding stop was reasonable where windows were overtinted

D.P.R.: PR nighttime search rules irrelevant in federal court

Puerto Rico cases on nighttime search aren’t relevant in federal court. United States v. Pastrana-Román, 2023 U.S. Dist. LEXIS 238527 (D.P.R. March 9, 2023),* adopted, 2024 U.S. Dist. LEXIS 106442 (D.P.R. May 17, 2024).* Defendant didn’t show good cause for … Continue reading

Posted in Nighttime search, Reasonable suspicion, Reasonableness, Waiver | Comments Off on D.P.R.: PR nighttime search rules irrelevant in federal court

W.D.Ky.: State law alleged defects in warrant process not applicable in federal court without showing why suppression is an appropriate remedy

A state search warrant was used to prosecute in federal court. Defendant raised numerous state law defects to the warrant that did not constitute Fourth Amendment violations. “Even if these warrants were procedurally deficient under state law, Gray has supplied … Continue reading

Posted in Cell phones, Dog sniff, Exclusionary rule, Reasonableness, Standing | Comments Off on W.D.Ky.: State law alleged defects in warrant process not applicable in federal court without showing why suppression is an appropriate remedy

CA10: Eight-hour seizure of home investigating OD before getting SW was unreasonable

“After Corban Elmore’s teenage son suffered a drug overdose at Elmore’s home, law-enforcement officers secured the scene and prohibited anyone from entering the house. The officers then continued to investigate and allowed almost eight hours to elapse before applying for … Continue reading

Posted in Franks doctrine, Qualified immunity, Reasonableness, Seizure, Warrant execution | Comments Off on CA10: Eight-hour seizure of home investigating OD before getting SW was unreasonable

MO: Search incident can happen at mobile booking center without going to jail

A search incident can occur even where defendant is at a mobile booking place without being transported to jail. State v. Boehmer, 2024 Mo. App. LEXIS 314 (May 14, 2024). Defendant’s concession in the trial court that the stop and … Continue reading

Posted in Inevitable discovery, Inventory, Reasonableness, Search incident, Waiver | Comments Off on MO: Search incident can happen at mobile booking center without going to jail

CA7: Strip search was reasonable, no matter the motive

Plaintiff’s strip search was objectively reasonable, no matter the subjective intent that motivated it. Jones v. Degrave, 2024 U.S. App. LEXIS 10953 (7th Cir. May 6, 2024). Plaintiff doesn’t show that GPS monitoring as a condition of his state probation … Continue reading

Posted in Protective sweep, Reasonableness, Strip search | Comments Off on CA7: Strip search was reasonable, no matter the motive

D.Colo.: Four day delay in getting SW for seized car wasn’t unreasonable

The seizure of this car was with probable cause that a gun would be found in it. The four day delay in applying for a search warrant for the car was not unreasonable. As to standing, defendant transferred ownership of … Continue reading

Posted in Probable cause, Reasonableness, Search incident | Comments Off on D.Colo.: Four day delay in getting SW for seized car wasn’t unreasonable

E.D.Cal.: Stop for expired registration during Covid extension of time to register cars was objectively unreasonable

The stop of defendant’s car for expired tags but within the period of the state’s Covid executive order extending time to register cars was objectively not reasonable, even where the officer was unaware of the meaning of the EO. United … Continue reading

Posted in Cell phones, Cell site location information, Probable cause, Reasonableness | Comments Off on E.D.Cal.: Stop for expired registration during Covid extension of time to register cars was objectively unreasonable

CA6: The state’s violation of a prison policy doesn’t make a 4A claim

Plaintiff inmate “cannot state a claim for a violation of prison policy because prison policy directives are insufficient to create a liberty interest under the Fourth Amendment. See Olim v. Wakinekona, 461 U.S. 238, 250-51 (1983); ….” IFP motion denied. … Continue reading

Posted in Issue preclusion, Reasonableness | Comments Off on CA6: The state’s violation of a prison policy doesn’t make a 4A claim

MO: Search incident to 96 hour mental health hold was reasonable

Defendant was picked up on a warrant for 96 hour mental commitment hold. The search incident to that was reasonable. “[T]he deputies’ search of Salcedo, incident to Salcedo being taken into custody pursuant to a warrant under section 632.305 for … Continue reading

Posted in Issue preclusion, Reasonableness, Search incident | Comments Off on MO: Search incident to 96 hour mental health hold was reasonable

Cal.2d: Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop

Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop. People v. Felix, 2024 Cal. App. LEXIS 154 (2d Dist. Mar. 7, 2024). Defendant’s bad search claim as part of … Continue reading

Posted in Reasonable suspicion, Reasonableness, Waiver | Comments Off on Cal.2d: Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop

OH5: Officer’s writing wrong statute number on ticket was a reasonable mistake of law

Defendant’s stop for a loud muffler was reasonable. His claim that it wasn’t loud on the bodycam is rejected. Another alleged offense cited the wrong statute. That’s a reasonable mistake of law. State v. Braucher, 2024-Ohio-811, 2024 Ohio App. LEXIS … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell, Probable cause, Reasonableness | Comments Off on OH5: Officer’s writing wrong statute number on ticket was a reasonable mistake of law

KY: Misstatements of law not subject to Franks challenge

A misstatement of law is not subject to a Franks challenge. Search warrant affidavits are usually drafted in a hurry by nonlawyers, and it’s up to the issuing magistrate to decide whether there is a substantial basis for believing a … Continue reading

Posted in Franks doctrine, Private search, Reasonableness | Comments Off on KY: Misstatements of law not subject to Franks challenge

OH8: Graham v. Connor reasonableness standard applied where police are charged with assault on civilians

Defendant was a Cleveland PD officer convicted of misdemeanor assault on a civilian by putting his hands around the throat of an arrestee. Even under the Garner standard for Fourth Amendment reasonableness, the evidence was sufficient to support the verdict. … Continue reading

Posted in Computer and cloud searches, Excessive force, Probation / Parole search, Reasonableness | Comments Off on OH8: Graham v. Connor reasonableness standard applied where police are charged with assault on civilians

MS: One of two SWs for def’s business was accidentally destroyed but not in bad faith; officers getting second SW were justified

Here there were two search warrants: One for suite E and another for both suites D & E to be sure they were searching the right premises. Execution of the suite E warrant led officers to get another for both. … Continue reading

Posted in Reasonableness, Warrant execution, Warrant papers | Comments Off on MS: One of two SWs for def’s business was accidentally destroyed but not in bad faith; officers getting second SW were justified

SD: Parole officer could authorize search of def’s computer hard drive for child porn

Defendant was on parole for felony DUI when he became a suspect in a child pornography case. His parole officer authorized a search of his computer hard drive for child pornography, and defense counsel wasn’t ineffective for not challenging the … Continue reading

Posted in Apparent authority, Consent, Probation / Parole search, Reasonableness | Comments Off on SD: Parole officer could authorize search of def’s computer hard drive for child porn

W.D.Okla.: When officer’s observation obviates the reason for the stop, the already initiated warrant check can be completed

Defendant was stopped for suspected DUI and a warrant check was called for. The officer promptly learned that defendant wasn’t DUI, but it was reasonable to still wait for the warrant check to be completed, here just a couple of … Continue reading

Posted in Issue preclusion, Reasonable suspicion, Reasonableness | Comments Off on W.D.Okla.: When officer’s observation obviates the reason for the stop, the already initiated warrant check can be completed