Category Archives: Reasonableness

GA: Sound of shuffling of feet after announcement of raid justified entry in 3 seconds; no weapons found

Officers entered within about three seconds after announcing and hearing shuffling of feet. Defendant was sitting on the couch, and there were no firearms. The test is whether there is a reasonable possible fear of firearms in the house that … Continue reading

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KY: 21-month delay for SW for cell phone not unreasonable where def in custody

Officers had probable cause and nexus and showed particularity to defendant’s cell phone. He’d previously been accused of recording undressed women and was involved in an upskirting. Here he’d been accused of sex with drugged women and recording some of … Continue reading

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CA4: Failure to turn on bodycam before frisk not shown to be in bad faith

Officer’s failure to turn on his bodycam before frisk here doesn’t require an adverse inference of destruction of evidence. Bad faith isn’t shown. United States v. Aguirre-Cuenca, 2023 U.S. App. LEXIS 1105 (4th Cir. Jan. 18, 2023). Defendant’s appeal is … Continue reading

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CA10: Traffic stop to flirt with motorist was unreasonable, and clearly established that cause needed

The officer’s stop of plaintiff to flirt with her was without basis and thus unreasonable, and clearly established. Shepherd v. Robbins, 2022 U.S. App. LEXIS 36056 (10th Cir. Dec. 13, 2022) [corrected Dec. 28, 2022]. Defense counsel wasn’t ineffective for … Continue reading

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GA: Generalizations and experience do not support no-knock warrant

The no-knock provision in this search warrant was not based on a showing of necessity based on this case. It was based on experience and generalities. [In addition, defendant was supposedly standing in the front yard, so what about the … Continue reading

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W.D.Okla.: Validity of a stop doesn’t depend on whether a traffic offense actually happened, just whether there is RS it did

“[T]he constitutionality of the stop does not depend on whether the driver did, in fact, commit a traffic violation. The standard is reasonable suspicion of wrongdoing. If an officer reasonably thinks he saw a driver commit a traffic infraction, then … Continue reading

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CA8: “[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under 4A

“[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under the Fourth Amendment. United States v. Becker, 2022 U.S. App. LEXIS 35626 (8th Cir. Dec. 27, 2022). … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule, Probation / Parole search, Reasonableness, Seizure | Comments Off on CA8: “[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under 4A

NE: Police don’t have to decide the constitutionality of the laws they enforce

Police officers are not legal scholars, and they don’t have to guess as to the constitutionality of the laws they enforced. They need only act reasonably in reliance on statute or ordinance. State v. Albarenga, 313 Neb. 72 (Dec. 23, … Continue reading

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NY Daily News: NYPD settles lawsuit over unconstitutional warrant checks

NY Daily News: NYPD settles lawsuit over unconstitutional warrant checks (“Conducting a warrant check on someone without sufficient cause violates a person’s fourth amendment rights, civil rights attorneys say.”) WaPo: NYPD ends tactic of prolonging stops to check for warrants … Continue reading

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CA10: Traffic stop to flirt with a motorist violates clearly established law

A traffic stop to flirt with a motorist violates clearly established law. But this is a more complicated. “Ultimately, Plaintiff’s appeal rises and falls on the question of whether Defendant’s conduct violated clearly established law. To the degree that Defendant acted … Continue reading

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S.D.Cal.: Release condition with firearm restriction and search waiver did not violate 2A or 4A

Defendant’s release condition of a firearm restriction and Fourth Amendment waiver because of a prior misdemeanor firearms conviction doesn’t violate the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen (2022). Heller supports the court’s conclusion. … Continue reading

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IN: Mistake of law to an illegal search or seizure applies to the scope of the law, not whether it even exists

The mistake of law “defense” to an illegal search or seizure applies to the scope of the law, not whether it even exists. Here, it didn’t. White v. State, 2022 Ind. App. LEXIS 390 (Dec. 8, 2022). The specific characteristics … Continue reading

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CA6: Violation of Robert’s Rules of Order prior to ptf’s arrest not a constitutional violation

Plaintiff was arrested for disorderly conduct for disrupting a public meeting after repeatedly being told to shut up. His claim that his ejection from the meeting and then the arrest violated Robert’s Rules of Order isn’t a constitutional claim. Burton … Continue reading

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IN rejects Heien under state constitution

Indiana rejects Heien under the state constitution. It is incongruous to justify a stop when the law shouldn’t even allow it. Mercado v. State, 2022 Ind. App. LEXIS 377 (Nov. 23, 2022):

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D.Minn.: Lindell SW affidavit remains under seal to protect investigation

In the Lindell cell phone search warrant case, the media seeks access to the affidavit. The government has established that, despite the vast public interest, the affidavit should remain sealed while the investigation progresses. In re Search Warrant, 2022 U.S. … Continue reading

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S.D.W.Va.: Dispatch’s mistake of fact def’s vehicle was unregistered did not make stop unreasonable

Defendant challenged one basis for his stop, an inspection sticker. However, dispatch also said the vehicle was unregistered and that’s a valid reason. It turned out, however, it was validly registered. “It does not matter that Defendant’s vehicle was in … Continue reading

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D.R.I.: Church rectory was subject to a SW and it was treated as a single-family dwelling with separate bedrooms

A church rectory was the subject of a child pornography search warrant. Multiple people lived there, but there was no sign that it was a multi-family type dwelling: “A more detailed description of the building, however, is not provided. From … Continue reading

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NY2: Trial court didn’t deny due process by deciding suppression motion on a ground not argued by state, except for being just wrong on the law

The trial court did not deny due process by deciding the suppression issue on an alternative ground not advanced by the state below. The problem is, however, that the record does not support the result below, and it is reversed. … Continue reading

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ID: Not telling arrestee reason for arrest in violation of statute not a 4A violation

Failure to notify an arrestee of the reason for his arrest in violation of the statute does not make the arrest violate the Fourth Amendment or state constitution. State v. Lancaster, 2022 Ida. LEXIS 133 (Nov. 1, 2022). There were … Continue reading

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S.D.W.Va.: Protective sweep under a bed is reasonable

The protective sweep here looking under the bed was reasonable. It’s where people hide. Defendant’s contention the sweep went further isn’t clear. Some things were moved and opened, but a search warrant had been executed between the sweep and her … Continue reading

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