Category Archives: Seizure

WA: Request for proof of payment of a bus fare is not a search

Request for proof of payment of a public transportation fare is not a seizure under the Fourth Amendment or the state constitution. He consented to the terms of ridership by boarding the bus. He consented to the terms of ridership … Continue reading

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W.D.Wash.: Def’s arrest away from the place of search was justified by PC

There was probable cause for defendant’s arrest away from the place of execution of the search warrant (Summers and Bailey). United States v. Pelayo, 2021 U.S. Dist. LEXIS 126671 (W.D. Wash. July 7, 2021). When defendant opened his door, the … Continue reading

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WA: PC and nexus shown for CSLI warrant before Carpenter

Defendant was a suspect in a diamond theft. Police obtained a search warrant for his cell phone location records and that placed him near the burglary at the time it happened, and there was probable cause for it. The search … Continue reading

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CA7: When false arrest is the claim, ptf’s bond conditions are not separate seizures for SoL purposes

Plaintiff’s false evidence claim arises from the arrest or release from detention, and here it is time barred. His release on detention was not a separate Fourth Amendment seizure. Smith v. City of Chi., 2021 U.S. App. LEXIS 19136 (7th … Continue reading

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S.D.W.Va.: Def unaware he was blocked in his car wasn’t “seized”

“Inasmuch as Mr. Mitchem was unaware that his car was blocked given his somnambulant state, the mere blocking of his vehicle is of no Fourth Amendment consequence.” United States v. Mitchem, 2021 U.S. Dist. LEXIS 118388 (S.D. W.Va. June 25, … Continue reading

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CA3: GFE saved CP search district court found lacked PC

Officers obtained a search warrant for defendant possessing child pornography based on his interest in unclothed children and taking pictures. The district court suppressed, but the good faith exception applies to save the search. The government appealed on both probable … Continue reading

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M.D.Pa.: ISP’s duty to report CP under 18 U.S.C. § 2258A doesn’t make it still not a private search

Kik’s duty to report child pornography on its platform under 18 U.S.C. § 2258A doesn’t make its search still not a private search. United States v. Hart, 2021 U.S. Dist. LEXIS 111166 (M.D. Pa. June 14, 2021). The trial court … Continue reading

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Army: Consent to search was mere acquiescence to a claim of authority

Defendant’s consent to search his apartment was obtained after telling him that it was based on the death of his roommate in the parking lot. He was in “custody,” and this was mere acquiescence to a claim of authority. “In … Continue reading

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E.D.Mo.: Sexual assault allegation by school official states 4A claim

Allegation of a sexual assault by a school official states a Fourth Amendment claim. Hermann v. Kirkwood R-7 Sch. Dist., 2021 U.S. Dist. LEXIS 102574 (E.D. Mo. June 1, 2021). Officers with a search warrant for electronic devices could look … Continue reading

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D.Md.: State’s DoIT owns and controls state computers and can enter computers and offices for access; no REP in state computer

The State of Maryland’s Department of Information Technology owns and controls the computers on its network and has the authority to enter offices to enter computers. Here, child pornography was found. Defendant had no reasonable expectation of privacy in the … Continue reading

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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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S.D.Ind.: Parole-probation searches are governed by 4A reasonableness but shaped by state law limiting them

The probation or parole search law and reasonableness is a Fourth Amendment question but it’s shaped by state law on how those searches are permitted as a condition of release. This one was reasonable. United States v. Beechler, 2021 U.S. … Continue reading

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ID: Search incident justified by def’s lie about syringe in pocket

Officer’s certain knowledge of a syringe in defendant’s pocket defendant lied about after a consensual patdown for weapons justified a search incident. The officer sought a patdown because of his nervousness. State v. Budka, 2021 Ida. App. LEXIS 20 (May … Continue reading

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D.N.J.: Officers pointing guns at a group of men wasn’t necessarily a seizure

Officers pointing their sidearms at a group of men wasn’t necessarily a seizure. At any rate, it was with reasonable suspicion. “Despite Williams’ argument to the contrary …, the officers’ display of their guns, without any physical contact, did not … Continue reading

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CA6: SW not required to tear down a condemned building

Once a building is legally condemned, a separate search warrant isn’t required to tear it down. It is then a reasonable seizure. Keene Grp., Inc. v. City of Cincinnati, 2021 U.S. App. LEXIS 15074 (6th Cir. May 20, 2021):

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N.D.Ga.: PC shown for cell phone and geo-location data

“The Geo-Location Warrant was supported by probable cause because the affidavit established ‘a connection between the defendant and the location to be searched; a link between the location and criminal activity; and the informant’s veracity and basis of knowledge.’” There … Continue reading

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WY: Where the stop exceeds its purpose and becomes unreasonable, the fact it’s de minimus doesn’t make it reasonable

Where the stop exceeded reasonableness, the district court’s finding it was de minimus was error. It was less than the time for the dog sniff, but the dog had time to arrive. Mahaffy v. State, 2021 Wyo. LEXIS 71 (May … Continue reading

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CA2: Failure to promptly return property lawfully seized isn’t separate 4A claim

Where firearms were lawfully seized, there isn’t a separate Fourth Amendment claim for failure to promptly return them. Bello v. Rockland Cty., 2021 U.S. App. LEXIS 13281 (2d Cir. May 5, 2021). Probable cause is required for administrative subpoenas under … Continue reading

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CA7: Pre-Carpenter real time CSLI tracking def on streets to locate him before he committed another robbery was not unreasonable

The fact officers had probable cause to arrest is considered in determining good faith. In addition, “To conclude, we hold that Detective Ghiringhelli did not conduct a Fourth Amendment ‘search’ by requesting the real-time CSLI of a suspect for multiple … Continue reading

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NC: Officer waving down a motorist at 3 am was a seizure

“The issue in this case is whether a driver is “seized” within the meaning of the Fourth Amendment when he is tailed by a marked police cruiser down empty streets at 3 a.m., followed into an empty parking lot, and … Continue reading

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