Category Archives: Reasonableness

D.P.R.: State nighttime search rule on state warrant inapplicable in federal court

The fact a state nighttime search warrant doesn’t comply with state law doesn’t matter in federal court. It’s whether Rule 41 and the Fourth Amendment were complied with. Then, the defendant has to show prejudice. Also, the fact defendant had … Continue reading

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S.D.Ala.: Failure to timely make SW return under state law not a 4A issue

The fact the search warrant paperwork wasn’t returned on time which made it void under state law isn’t relevant under the Fourth Amendment in federal court. Jackson v. United States, 2024 U.S. Dist. LEXIS 235912 (S.D. Ala. Dec. 4, 2024), … Continue reading

Posted in Excessive force, Reasonableness, Rule 41(g) / Return of property, Unreasonable application / § 2254(d), Warrant papers | Comments Off on S.D.Ala.: Failure to timely make SW return under state law not a 4A issue

E.D.Mo.: No claim where no damages shown for alleged unreasonable dog sniff; nothing was found, detention was otherwise reasonable

Officers were surveilling a van that they believed might have a connection to an unsolved homicide. They observed what appeared to be hand-to-hand drug transactions, and the van’s LPN was expired. They approached. There were others around the van, and … Continue reading

Posted in § 1983 / Bivens, Consent, Dog sniff, Prison and jail searches, Reasonable suspicion, Reasonableness, Surveillance technology | Comments Off on E.D.Mo.: No claim where no damages shown for alleged unreasonable dog sniff; nothing was found, detention was otherwise reasonable

N.D.Cal.: Violation of CalECPA has nothing to do with federal rights

Violation of CalECPA has nothing to do with federal rights. United States v. Wenger, 2025 U.S. Dist. LEXIS 1331 (N.D. Cal. Jan. 3, 2025). At the time of the warrant, it was not established that the accused had to have … Continue reading

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KY: Stop based on a statute not yet in effect isn’t a reasonable mistake of law

Defendant’s stop based on a vehicle equipment law that had not yet gone into effect was not saved by Heien. As in: when the law’s not yet law, there can’t be a reasonable mistake about its application. “An officer cannot … Continue reading

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D.Mass.: 17-day delay between seizure and SW was reasonable

“[T]he government’s seventeen-day delay between the warrantless seizure of Thompson’s property and the issuance of the search warrants was reasonable. The first factor favors the government because seventeen days—eleven of which were business days—is relatively short and far shorter than … Continue reading

Posted in Computer and cloud searches, Good faith exception, Reasonable suspicion, Reasonableness, Warrant execution | Comments Off on D.Mass.: 17-day delay between seizure and SW was reasonable

CA6: 4A’s “reasonable officer” “is a hypothetical construct of the law, one that no district court can cross-examine”

“But the Fourth Amendment’s ‘reasonable officer’ is not a real officer with real subjective thoughts and feelings. It is a hypothetical construct of the law, one that no district court can cross-examine.” United States v. Urraca, 2024 U.S. App. LEXIS … Continue reading

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E.D.Pa.: Cover story at time of justified stop didn’t make it unreasonable

Months of electronic surveillance gave probable cause for defendant’s stop and search. Police use of a cover story for the stop was reasonable to prevent other co-conspirators from finding out. United States v. Arrington, 2024 U.S. Dist. LEXIS 222969 (E.D. … Continue reading

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W.D.Mich.: State law violation in search irrelevant in federal prosecution

Defense counsel can’t be ineffective for not arguing that state law was violated by the search in his federal case. Clark v. United States, 2024 U.S. Dist. LEXIS 219107 (W.D. Mich. Dec. 4, 2024).* Defense counsel could not be ineffective … Continue reading

Posted in Conflict of laws, Franks doctrine, Ineffective assistance, Reasonable expectation of privacy, Reasonableness | Comments Off on W.D.Mich.: State law violation in search irrelevant in federal prosecution

CA9: Arrest on mistaken warrant was objectively reasonable

Defendant’s arrest on a mistaken warrant was still objectively reasonable. The officer did all he could to verify defendant was the right guy. United States v. Nomee, 2024 U.S. App. LEXIS 30533 (9th Cir. Dec. 4, 2024):

Posted in Good faith exception, Reasonableness | Comments Off on CA9: Arrest on mistaken warrant was objectively reasonable

Leftovers

2255 petitioner fails to show grounds for a CoA from his search claims, without telling us the rationale. United States v. Renteria, 2024 U.S. App. LEXIS 30239 (5th Cir. Nov. 26, 2024).* Defendant’s stop and frisk was without reasonable suspicion. … Continue reading

Posted in § 1983 / Bivens, Cell phones, Informant hearsay, Reasonable suspicion, Reasonableness, Stop and frisk, Strip search | Comments Off on Leftovers

IL: Arrest on recalled AW not suppressed where officers checked and rechecked it

Officers checked a law enforcement database and found an arrest warrant on defendant. They rechecked. Afterward, it turned out the warrant had been recalled but was still in the system due to a clerical error. The court will not suppress … Continue reading

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MO: Plain error doesn’t revive a waived search claim

Defendant didn’t object pretrial or at trial to the search, and he can’t argue plain error now. State v. Lane, 2024 Mo. App. LEXIS 837 (Nov. 19, 2024). The finding defendant was stopped because of a seatbelt violation is not … Continue reading

Posted in Burden of pleading, Mistake of law, Plain view, feel, smell, Reasonableness, Waiver | Comments Off on MO: Plain error doesn’t revive a waived search claim

FL3: There is a lower expectation of privacy in a boat than in a car; stop for license, registration, and safety inspection was reasonable

“The [Florida Fish and Wildlife Commission officers] had authority to stop the boat to inspect licenses, registration, and safety equipment. State v. Casal, 410 So. 2d 152, 155 (Fla. 1982) (‘In sum we find that the state’s interest in random … Continue reading

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TX12: Texas livestock officer lacked general law enforcement powers

A special ranger employed by the Texas & Southwest Cattle Raisers Association (TSCRA) recognized as part of the Texas DPS held himself out to be a law enforcement officer. Special rangers are limited to livestock and limited offenses. Instead, he … Continue reading

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CA2: 4A doesn’t incorporate state procedural rules and statutes

The constitution doesn’t incorporate state criminal procedural rules and statutes, and a violation of them doesn’t make a Fourth Amendment violation. See Virginia v. Moore. McCullough v. Graves, 2024 U.S. App. LEXIS 27503 (2d Cir. Oct. 30, 2024). The address … Continue reading

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N.D.Cal.: Checking DMV and criminal history during a traffic stop not unreasonable

Checking DMV and criminal history during a traffic stop is not unreasonable. United States v. Daniels, 2024 U.S. Dist. LEXIS 190101 (N.D. Cal. Oct. 18, 2024). Defendant “argues that the bodycam evidence refutes Trooper Myer’s testimony that the truck and … Continue reading

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S.D.W.Va.: The fact officers planned to stop def doesn’t mean they weren’t credible when they said he committed a traffic violation to justify it

Just because officers planned to stop defendant if they had a traffic offense to justify it doesn’t mean that they weren’t credible when they testified there was a traffic violation. United States v. Murphy, 2024 U.S. Dist. LEXIS 189184 (S.D. … Continue reading

Posted in Pretext, Probation / Parole search, Reasonableness, Standing | Comments Off on S.D.W.Va.: The fact officers planned to stop def doesn’t mean they weren’t credible when they said he committed a traffic violation to justify it

D.Colo.: Failure to produce paperwork promptly justifies an extension of the stop

Defendant’s failure to promptly produce the insurance information and registration on his car justified ordering him out of the car and reasonably extended the stop. United States v. Malone, 2024 U.S. Dist. LEXIS 188452 (D. Colo. Oct. 16, 2024).* 2254 … Continue reading

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CA5: The 4A doesn’t limit the number of officers that show up for an administrative search

This administrative search was valid. The number of officers showing up to do it isn’t a constitutional question. “Nor does the number of officers conducting the search change the inquiry. Hershner asserts no jurisprudential authority for the proposition that a … Continue reading

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