Category Archives: Search

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: State has burden of proof BRD on 4A harmless error

The state carries the burden of proving harmless error for a Fourth Amendment beyond a reasonable doubt. State v. Scott, 2021-NCSC-41, 2021 N.C. LEXIS 321 (Apr. 16, 2021). The evidence supports that the person consenting had apparent and actual authority … Continue reading

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W.D.Wash.: Test-firing a firearm to help identify it is a reasonable search

“The Court concludes the test-firing of the weapon was a search. It was test-fired for one sole purpose and that was to gain identifying data on the retained shell casing for subsequent submission to a database of shell casings obtained … Continue reading

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E.D.N.C.: Officer’s reach into car was search, but justified by automobile exception

The reach into defendant’s car was a search, but it was justified by the automobile exception. United States v. Joyner, 2021 U.S. Dist. LEXIS 68324 (E.D. N.C. Mar. 15, 2021). Defendant’s stop wasn’t unreasonably extended. “Although Officer Hambrock walked back … Continue reading

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D.D.C.: Requirement of a medical exam to determine if a firefighter can return to duty isn’t 4A violation

“McCrea claims that Defendants violated her Fourth Amendment right to privacy by ordering her to undergo psychological assessments that went beyond the essential functions of her job as a firefighter. … The Fourth Amendment protects an individual’s ‘reasonable expectation of … Continue reading

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CA6: No interstate commerce nexus needed for a federal search and seizure

There is no interstate commerce predicate to a federal search and seizure. Defendant cites no authority and the court doesn’t find one. United States v. Watson, 2021 U.S. App. LEXIS 8564 n.3 (6th Cir. Mar. 22, 2021). Remanded a second … Continue reading

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D.P.R.: Getting out of car and running away from it on seeing the police is abandonment

Defendant didn’t file a declaration under penalty of perjury contesting the facts alleged in his criminal complaint. He also fails to show even a subjective reasonable expectation of privacy in the place searched to give him standing. He abandoned his … Continue reading

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DE: “Surveilling” def by following him looking for discarded DNA wasn’t an unreasonable search or seizure

Defendant lived in Pennsylvania and was accused of unlawful sex in Delaware. A search warrant was obtained in Pennsylvania for his house, and there was probable cause for it and it was narrow and specific. His DNA had been obtained … Continue reading

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D.Mass.: Calling def’s cell phone from a seized cell phone’s recent call log wasn’t a search

Dialing defendant’s cell phone from the call log of a seized cell phone was not a search. If defendant wanted his number to remain private, he should block the number or turn off the phone. United States v. Katana, 2021 … Continue reading

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D.Colo.: Hotel has no duty to protect guest from 4A violations, assuming there was one

An airline pilot nude in his room who was seen through the window doesn’t state a Fourth Amendment claim that the hotel had a duty to protect him from being seen by the public. Besides that, he doesn’t state any … Continue reading

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D.Nev.: Running wants or warrants on a sex offender involved in a stop didn’t violate 4A

Running wants or warrants on a sex offender involved in a stop didn’t violate the Fourth Amendment. United States v. McCowan, 2021 U.S. Dist. LEXIS 6500 (D. Nev. Jan. 13, 2021).* The affidavit for the search warrant shows probable cause. … Continue reading

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CA6: 4A 1983 claim brought after state court reversal on search claim was untimely

Plaintiff’s 1983 unreasonable search claim is untimely. He brought the claim after his state appeal reversed his conviction on a bad search. “Dibrell’s claim is untimely under these rules. His detention ended on February 18, 2014, when he was released … Continue reading

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CA3: Pro se ptf stated claim for warrantless entry into his house

The district court erred in summarily dismissing plaintiff’s case at § 1915A screening for failure to state a claim, because he did in the attempted amended complaint. “Edwards alleged that Rice lacked a search warrant when she conducted an investigation … Continue reading

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CA9: Husband hacking wife’s work emails for divorce advantage violated SCA

Husband’s interception of his wife’s work emails for advantage in their divorce case violated the Stored Communications Act as well as her right of privacy. The district court erred in granting him summary judgment. Clare v. Clare, 19-36039 (9th Cir. … Continue reading

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OR: Direction to “open the door” resulted in an unreasonable search

The officer was investigating defendant for DUII and followed him home. His knock on the door and direction to “open the door” was a command to submit to a search. The officer’s observation of defendant’s condition is suppressed. State v. … Continue reading

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CA9: Officer opening car door and leaning inside was a search

“Because opening the car door and leaning into the car constituted an unlawful search under the Fourth Amendment, the panel considered what remedy is appropriate in this case. The panel held that the exclusionary rule applies to the loaded handgun … Continue reading

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FL4: Police use of a flashlight isn’t itself a search

“R.F. appeals the denial of his motion to suppress physical evidence. Because we conclude appellant was not seized for Fourth Amendment purposes where the deputy used a spotlight and a flashlight to illuminate his approach of appellant, we affirm the … Continue reading

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N.D.Miss.: In wrongful death action, officer’s subjective intent offered by 404(b) evidence is inadmissible; reasonableness is objective

Because the reasonableness standard is based on objective evidence confronting the officer, the use of 404(b) evidence here would be too extraneous to show subjective intent. “Because reasonableness under the Fourth Amendment is disconnected from an officer’s subjective intent, the … Continue reading

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NY1: Failure to get a ruling on search issue in trial court is waiver

Failure to get a ruling on a search claim in the trial court is waiver of the issue for appeal. People v. Collins, 2020 NY Slip Op 04517, 2020 N.Y. App. Div. LEXIS 4610 (1st Dept. Aug. 13, 2020). Drug … Continue reading

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MT: Field test of seized drugs is a reasonable search

A field test of drugs seized off defendant’s person finding them presumptively methamphetamine is reasonable under the Fourth Amendment and the state constitution. There is no enlarged reasonable expectation of privacy as to them when seized. State v. Funkhouser, 2020 … Continue reading

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