Category Archives: Reasonableness

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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E.D.Ark.: No 4A REP in trash container at the street for pickup

Based on the undisputed facts (such that a hearing isn’t required), defendant’s trash was out for collection, and no reasonable expectation of privacy was violated by searching it, and then using that information to get a search warrant. “Here, Officer … Continue reading

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MI: Def’s arrest being unlawful, his statement during should be suppressed

The state supreme court having found defendant’s arrest unlawful, his statement during the arrest should have been suppressed. People v. Hammerlund, 2021 Mich. App. LEXIS 3773 (June 17, 2021) (2-1) (dissent). Detention under the Material Witness Statute that was validly … Continue reading

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D.Mass.: Four month delay in getting SW for cell phone was not unreasonable

There was justification for seizure of defendant’s cell phone in plain view because it might have evidence of a crime on it. The four month delay in obtaining a search warrant for the phone was reasonable under all the circumstances, … Continue reading

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S.D.Ind. & E.D.La.: New crime during arrest not suppressed

Even crediting defendant’s version of events, the exclusionary rule would not be applied to the video of defendant’s violent resistance during his arrest. United States v. Hill, 2021 U.S. Dist. LEXIS 111803 (S.D. Ind. June 14, 2021). Defendant’s new crime … Continue reading

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D.Mass.: 14 day delay between seizure and search of cell phone reasonable

This 14 day delay between the seizure of his cell phones and the application of the warrant to seize them is reasonable. In addition, there is no Fourth Amendment right to have a search warrant issued sooner than it was, … Continue reading

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SCOTUS: Tribal officers can stop and detain non-Indians on tribal lands

Tribal police have the inherent authority to stop and search non-Indians on tribal lands for potential violations of tribal, state, or federal law. United States v. Cooley, 2021 U.S. LEXIS 2816 (June 1, 2021). The syllabus:

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N.D.Ill.: Pointing a gun isn’t a seizure, but def’s raising hands made it one

Defendant wasn’t seized just by the officer pointing a gun at him; it was when he raised his hands and submitted. “Here, because the officers were responding to a call about an individual with a firearm and Officer Davis reasonably … Continue reading

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PA: DUI with agg. assault was sufficiently exigent to dispense with SW for BAC

Defendant was accused of DUI and aggravated assault, and the officer decided that the additional complexity of investigating the assault charge made a warrantless blood draw exigent. It didn’t matter that the state charged him with the assault two months … Continue reading

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S.D.Tex.: Inevitable discovery by inevitable SW obviated dispute over consent

Inevitable discovery also supports the consent search of defendant’s cell phone obtained at the Sarita, Texas checkpoint. The officers had probable cause and told him they’d get a search warrant and he consented instead. The matter was clearly under active … Continue reading

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AZ: Even if NCMEC was not private actor, it didn’t expand the prior private search

In Arizona, Fourth Amendment claims are decided first, then state constitutional claims. Google+, acting completely on its own, searched defendant’s photos folder stored with there. Moreover, it was only shown to be protecting its private business interests, not aid the … Continue reading

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KS: Officer’s two calls to dispatch telling him there was a warrant was reasonable under Herring

Defendant’s arrest based on the officer’s two calls to dispatch insisting there was a warrant for defendant was reasonable reliance on a mistake of another under Herring. State v. Gilliland, 2021 Kan. App. LEXIS 21 (May 14, 2021). The French … Continue reading

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D.Kan.: Stop and detention wasn’t unreasonable, at least in part, because the officer was maskless.

The stop and search of defendant’s person was not constitutionally unreasonable, including the fact the officer wasn’t wearing a mask. United States v. Wright, 2021 U.S. Dist. LEXIS 83603 (D. Kan. Apr. 30, 2021). Defendant’s submissions in this excessive force … Continue reading

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AR: One can’t change 4A argument from trial court to appeal

Defendant’s oral motion to suppress was presented and denied. On appeal, defendant changed the specifics of the argument, and it’s not considered as presented. Saffel v. State, 2021 Ark. App. LEXIS 176 (Apr. 14, 2021). The officer’s stop of defendant’s … Continue reading

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S.D.W.Va.: Single question about possession of firearm reasonable under Rodriguez

Defendant was stopped for riding a bicycle with no helmet. The single question about possessing firearms didn’t unreasonably extend the stop. “Because the question asked here, whether Defendant had any firearms, is perhaps the most basic of inquiries related to … Continue reading

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CA11: Stop for not having license on bicycle in violation of city code was reasonable

The officer’s stop of defendant for not having a license on his bike per local ordinance was reasonable. Defendant’s flight justified his detention and seizure of his backpack. CoA denied. Thomas v. Sec’y, Dep’t of Corr., 2021 U.S. App. LEXIS … Continue reading

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W.D.Tex.Bankr.: 4A does not extend to civil discovery requests

Posts to a “secret” Facebook group weren’t protected by any reasonable privacy interest in civil litigation. Social media isn’t protected by any privacy interest. “Defendant does not cite, and the Court could not find, any case that extends the Fourth … Continue reading

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ND: Warrantless entry of child protective services to remove a child was unreasonable

State child services officers came to defendant’s door to take her child away. She refused and ran back into the house with officers in pursuit. This warrantless entry and a second entry to collect clothes for the child were unreasonable. … Continue reading

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