Category Archives: Reasonableness

CA11: Mistaken identity arrest on 26 year old warrant was reasonable where names were same but DOB was not

This mistaken identity arrest was reasonable. The name and gender were the same but the DOB was not. The warrant was 26 years old. Sosa v. Martin County, 2021 U.S. App. LEXIS 28401 (11th Cir. Sept. 20, 2021):

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CA11: Officer’s interpretation of obstructed LPN statute was objectively reasonable under Heien

Defendant’s argument that an Alabama statute on obstructed license plates could not apply to nonresident license plates was subject to reasonable mistake of fact or law under Heien. United States v. Braddy, 19-12823 (11th Cir. Aug. 31, 2021). The Los … Continue reading

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CA8: Usually no REP in car carried by car hauler even to owner, and here there was nothing showing REP

“During a safety inspection of a semi transporting three vehicles, an officer found about 40 pounds of meth in a Ford Explorer. Sierra-Serrano wants to suppress those drugs, arguing that the search violated the Fourth Amendment. But because Sierra did … Continue reading

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GA: Three year delay in searching cell phone not unreasonable on these facts

Nearly three year delay between seizure of defendant’s cell phone and electronics and their search was not unreasonable here where defendant was in jail throughout and thus he had a far diminished possessory interest. Nelson v. State, S21A0773 (Ga. Sept. … Continue reading

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CA10: An order to get out of a car does not unreasonably prolong the stop

An order to get out of a car does not unreasonably prolong the stop. United States v. Malone, 2021 U.S. App. LEXIS 26136 (10th Cir. Aug. 30, 2021). Summarizing the law:

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D.Nev.: Use of cell site simulator to track another’s phone leading to def was reasonable

The government’s use of a cell site simulator to track another person’s cell phone didn’t infringe on defendant’s rights. United States v. Goldsby, 2021 U.S. Dist. LEXIS 160651 (D.Nev. Aug. 25, 2021). The court order (six years pre-Carpenter) showed probable … Continue reading

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CA8: 38 seconds of additional questions of passenger while ticket being written didn’t unreasonably extend stop

The second officer on the scene did not materially extend the stop by 38 seconds of additional questioning of the passenger while the first officer was writing a ticket. United States v. Salkil, 2021 U.S. App. LEXIS 25511 (8th Cir. … Continue reading

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CA4: Dog sniff before traffic ticket finished was reasonable

Dog sniff occurred here during the initial ordinary incidents of the traffic stop and writing a ticket so it didn’t extend the stop. United States v. Junkins, 2021 U.S. App. LEXIS 24174 (4th Cir. Aug. 13, 2021). Defendant’s vehicle was … Continue reading

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E.D.N.C.: The fact the search violated the state constitution isn’t a factor on legality of the search in federal case

In a federal criminal case, the fact the search violated the state constitution isn’t a factor on legality of the search under the Fourth Amendment. United States v. Breeden, 2021 U.S. Dist. LEXIS 145729 (E.D.N.C. Aug. 4, 2021). Various factors … Continue reading

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M.D.Pa.: CSLI tracking by state court order was reasonable under federal law despite alleged state law violation

Defendant’s cell phone location information search was reasonable and constitutional under federal law despite an alleged violation of state law. United States v. Coles, 2021 U.S. Dist. LEXIS 143548 (M.D.Pa. Aug. 2, 2021). There was probable cause for the search … Continue reading

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NJ declines to follow Heien under state constitution

NJ declines to adopt a reasonable mistake of law justification for an automobile stop and resulting search. At issue was a traffic law barring license plate frames that cover information on the plate that resulted in 100,000 stops per year. … Continue reading

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OH1: Years old info of drug dealing coupled with current trash pull showing drug use was clearly stale; no GFE

Years old information of drug dealing in another county coupled with a trash pull of recent drug use (not trafficking) was stale, and the search warrant was clearly lacking probable cause. Therefore, the good faith exception does not apply. State … Continue reading

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W.D.Tex.: SJ denied for raid on wrong house

Police raided the wrong house and got sued. Summary judgment is denied. The supervising officer and others there knew within one minute they had the wrong house, but they continued and kept plaintiff handcuffed. And nobody in the raiding party … Continue reading

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N.D.Cal.: “Hot watch” order for real time travel information isn’t disclosable yet; matter still under investigation

The government made an “Application request[ing] an order compelling Sabre, a travel technology firm, ‘to provide representatives of the FBI complete and contemporaneous ‘real time’ account activity’ for an individual subject to an arrest warrant—what the government refers to as … Continue reading

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W.D.Mo.: How long is too long a wait for search of a seized cell phone: reasonableness controls

“A seizure reasonable at its inception because it is based upon probable cause may become unreasonable as a result of its duration. The duration of the seizure pending the issuance of a search warrant must still be reasonable, and reasonableness … Continue reading

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ND: Reasonableness under Heien supported even though erroneous conclusion traffic offense occurred

Whether failure to signal while exiting a roundabout is a traffic offense is a valid reason for a stop or not, it was reasonable for the officer to conclude it was, and that justifies the stop under Heien. City of … Continue reading

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CA7: Groin search for drugs on side of highway was reasonable

Defendant’s side-of-the-road groin search and the reach into his underwear for a ball of drugs was reasonable on the totality. Brown v. Kazmierski, 2021 U.S. App. LEXIS 19962 (7th Cir. July 6, 2021):

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D.Idaho: Officer can inquire of passenger’s history when contemplating turning over vehicle to passenger on driver’s arrest

“This case presents what appears to be an issue of first impression: Whether, following Rodriguez and Landeros, an officer who has reasonable suspicion that the driver of a vehicle has committed an arrestable offense (as opposed to a traffic infraction) … Continue reading

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GA: Mistake as to smell of MJ v. hemp was reasonable, if there was one

“At most, Gowen’s assertion about the similarity of the smells of hemp and marijuana calls into question the reasonableness of the officer’s belief that he smelled burnt marijuana. Assuming for purposes of this appeal that Gowen’s assertion is correct (even … Continue reading

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CA9: Order to get out of car permitted in Mimms doesn’t unreasonably extend stop

“The officer’s order to step out of the vehicle and his directive to stand by the patrol car were reasonable under the Fourth Amendment. See Pennsylvania v. Mimms, 434 U.S. 106, 109-11 (1977) (per curiam). The officer lawfully initiated the … Continue reading

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