Category Archives: Seizure

D.Alaska: Seizure of syringe during Terry frisk was reasonable

Seizure of a syringe from defendant’s pocket in a Terry frisk was reasonable even though it could have been a pen. Other things, no. United States v. Endsley, 2023 U.S. Dist. LEXIS 166997 (D. Alaska Sep. 20, 2023). Plaintiff sued … Continue reading

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WV: Break in the chain of custody of DNA evidence taken after seizure is not a 4A violation

An after seizure alleged break in the chain of custody of DNA evidence taken is not a Fourth Amendment violation. Timothy C. v. Straughn, 2023 W. Va. LEXIS 339 (Sep. 15, 2023). Defendant’s LPN wasn’t visible until after the stop, … Continue reading

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ME: State constitutional arguments must be developed; citing it not enough

(1) The tracking device placed on defendant’s vehicle by court order was with probable cause. (2) “For a claim under the Maine Constitution to be deemed preserved for our review, however, the party advancing the claim cannot merely allude to … Continue reading

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OH1: Automobile exception does not apply to a purse removed from vehicle before PC developed

“In this appeal, we are asked to consider the narrow application of the automobile exception to the Fourth Amendment’s warrant requirement: whether officers may, in the course of a car search, search a container held roughly 25 feet away from … Continue reading

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CA6: Officer parking next to def’s car was not a seizure

Police parking next to a defendant’s car is not a seizure. United States v. Gartrell, 2023 U.S. App. LEXIS 22719 (6th Cir. Aug. 28, 2023). Covid limitations on visitation at a small hospital wasn’t a Fourth Amendment violation, among other … Continue reading

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D.N.J.: Residual smell of MJ can still provide PC

“The Officers testified the smell of marijuana can remain in the area, or linger on clothing or other items, after marijuana is removed from the area, before or after it has been smoked. … It can also be difficult to … Continue reading

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OH5: “Red screen” on patrol car’s computer screen was RS for def’s LPN

A “red screen” on the police car’s computer screen meant a serious warning about defendant’s LPN, and that justified the stop. State v. Cooper, 2023-Ohio-2897, 2023 Ohio App. LEXIS 2881 (5th Dist. Aug. 18, 2023).* Blocking both ends of an … Continue reading

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D.Neb.: Admitted state law jurisdiction violation still not 4A unreasonable

Despite the criminal charges being dropped because city officers were outside their jurisdiction, the whole matter was reasonable under the Fourth Amendment because reasonableness doesn’t depend on state law violations. Kosiba v. Kleine, 2023 U.S. Dist. LEXIS 139379 (D. Neb. … Continue reading

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M.D.Fla.: A records preservation request to cell phone providers was not a seizure

A records preservation letter sent to cell phone providers was not a seizure, let alone an unreasonable one. The records were later secured by search warrant. United States v. Zwiefelhofer, 2023 U.S. Dist. LEXIS 134679 (M.D. Fla. Aug. 2, 2023). … Continue reading

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Army: Affidavit for SW didn’t show why text messages would still be on def’s cell phone; but harmless error

The government did not show in the affidavit for search authorization that text messages would logically be found on his cell phone corroborating a sex crime victim. Nevertheless, he wasn’t prejudiced by it. United States v. Geranen, 2023 CCA LEXIS … Continue reading

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CA5: No police wrongdoing here to support “police created exigency”

Defendant came in to the police for an interview about sex assault in the Army. As it developed, exigency for seizure of defendant’s cell phone arose. This was not a police created exigency which requires some wrongdoing on the part … Continue reading

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CA3 adopts two part functional rule of private search, and this one was

Defendant’s wife was not acting as an agent of the state when she procured defendant’s cell phone which produced evidence of sexual exploitation of a child. “Four of our sister Courts of Appeals assess whether a private party was an … Continue reading

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D.C.Cir.: ‘“Let me see your waistband’–amounted to a show of authority.”

“Here, Officer Tejada initially approached Gamble and asked him a question: ‘Ain’t got no gun on you, man?’” ‘“Let me see your waistband’–amounted to a show of authority.” United States v. Gamble, 2023 U.S. App. LEXIS 19695 (D.C.Cir. Aug. 1, … Continue reading

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RI: Officer doesn’t need to state a reason for occupants to get out of car under Mimms

Under Mimms, the occupants can be ordered out of the car during a stop. The fact the trial judge disagreed with the three rationales offered for it by the officer doesn’t matter. State v. Li, 2023 R.I. LEXIS 90 (July … Continue reading

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D.Nev.: Request of internet provider to preserve evidence under 18 U.S.C. § 2703(f) is not a seizure

“Here, the Court finds that Omegle and TextNow’s preservation of evidence in response to the Government’s request under 18 U.S.C. § 2703(f)—a provision of the Stored Communications Act—did not violate the Fourth Amendment for two reasons. First, because the preservation … Continue reading

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OH8: Dog alert on a car permits search of containers in it

A dog alert on a car was probable cause for a search of it and containers, here a backpack. State v. Kumuhone, 2023-Ohio-2586, 2023 Ohio App. LEXIS 2554 (8th Dist. July 27, 2023). “The contemporaneous tip, the visual details that … Continue reading

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CA6: Unintended target of a police shooting, another officer, has a 4A seizure and excessive force claim

One officer fired a gun at a suspect inside a dwelling, apparently without aiming, and hit another officer. That was still a Fourth Amendment seizure of the person of the officer despite being an unintended target. Kilnapp v. City of … Continue reading

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W.D.Mich.: Differing possessory interest claims in state and then federal court is estoppel

At a state show cause hearing, plaintiff disavowed any possessory or property interest in two pit bulls, so he’s estopped from claiming it in a § 1983 case over the dogs. Crandall v. Newaygo Cty., 2023 U.S. Dist. LEXIS 104374 … Continue reading

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CA10: Despite SW’s overbreadth, executing officers understood the crime under investigation; GFE applies

The warrant was previously held overbroad and the case was remanded to the district court for findings on the good faith exception. In this second appeal, the good faith exception applies. The officers understood the limits in the warrant to … Continue reading

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LA4: State carries burden on inevitable discovery and it failed here

Here there was a warrantless entry into the house for a gun. Defendant was in custody outside. The state had the burden on inevitable discovery and failed. “In the instant case, the state failed to point to any alternative lawful … Continue reading

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