Category Archives: Search

WV: Police looking at the exterior of defendant’s car was not a search and violated no REP

Police looking at the exterior of defendant’s car was not a search and violated no reasonable expectation of privacy. State v. Estep, 2024 W. Va. LEXIS 92 (Feb. 20, 2024).* The trial court granted a Franks motion, but the state … Continue reading

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W.D.N.C.: No REP against being tracked by bait bill tracker from bank robbery

There is no reasonable expectation of privacy to not be tracked by a device planted in bait bills taken in a bank robbery. United States v. Day, 2023 U.S. Dist. LEXIS 226779 (W.D. N.C. Nov. 6, 2023), adopted 2023 U.S. … Continue reading

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NY: Dog sniff of the person is a search

A dog sniff of the person is a search. There is a greater zone of privacy for the person than an inanimate object. People v. Butler, 2023 NY Slip Op 06468, 2023 N.Y. LEXIS 2023 (Dec. 19, 2023), aff’g and … Continue reading

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CA7: Hospital medical staff getting def to spit out machine gun part wasn’t search and they weren’t govt actors

Defendant had a Glock fully auto switch in his mouth while in the hospital. While treating him, the medical staff finally got him to spit it out. That was not a search. The medical staff were not government actors for … Continue reading

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S.D.Ga.: Probation search waiver valid despite def not signing it

Defendant’s probation Fourth Amendment waiver was still valid by law despite the fact he hadn’t signed the form. United States v. Crawford, 2023 U.S. Dist. LEXIS 140719 (S.D.Ga. July 7, 2023), adopted, 2023 U.S. Dist. LEXIS 139645 (S.D. Ga. Aug. … Continue reading

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E.D.Cal.: Order to roll down heavily tinted car window is not a search

The order to a motorist to lower his window is not a search, despite the fact the windows were heavily tinted and it made the interior more visible. Two pounds of cannabis on the car seat was probable cause for … Continue reading

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ScotusBlog: Petition of the Week: One police officer opens a car door, and another looks inside. Did they search without a warrant?

ScotusBlog: Petition of the Week: One police officer opens a car door, and another looks inside. Did they search without a warrant? by Kalvis Golde

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Reason: Writing a Crim Pro Casebook: How Do You Cover the “Search” Question?

Reason: Writing a Crim Pro Casebook: How Do You Cover the “Search” Question? A reflection on re-writing a chapter of Kamisar LaFave & Israel by Orin Kerr:

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NJ: Opening a car door is a search

Opening a car door is a search. State v. Gray, 2022 N.J. Super. LEXIS 144 (Dec. 20, 2022). “In sum, the Court finds it is clear that Officer Spain’s purpose in opening Defendant’s door and asking him to step out … Continue reading

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OH: Opening car door was to secure uncooperative def, not search; plain view valid

Opening the car door was not for the purpose of searching; it was to secure the uncooperative defendant. During the interaction, evidence in plain view was seen and the officer then could enter the car to secure it. State v. … Continue reading

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Reason: What’s the Original Public Meaning of “Searches” in the 4th Amendment?

Reason: What’s the Original Public Meaning of “Searches” in the 4th Amendment? by Orin Kerr (“I recently helped put together a panel, that you can watch below, on an important question of Fourth Amendment history and law: What is the … Continue reading

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MS: Using ladder to look over wall in rented storage unit wasn’t a “search” and did not violate any REP

Officers used a ladder to look over a ceilingless wall in a storage building into defendant’s leased unit. The observation led to a search warrant. Defendant had no reasonable expectation of privacy from that look because anyone there could do … Continue reading

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E.D.N.C.: SW needed for drone surveillance over a home

A request for a court order for drone surveillance over a home requires a warrant under the Fourth Amendment. A request under the All Writs Act isn’t the way to do it. In re Application of the United States For … Continue reading

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OH10: Window tint violation justified impoundment and inventory, even though discretionary

Under the inventory policy, the police had the discretion to impound vehicles with excessive window tint, even though they did not apply impoundment uniformly. State v. Hall-Johnson, 2022-Ohio-3512, 2022 Ohio App. LEXIS 3308 (10th Dist. Sep. 30, 2022). An investigation … Continue reading

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OH3: In flyover case, def carries burden of showing a “search” and violation of FAA rules

In a helicopter flyover case, defendant carried the burden of showing that the police conducted a “search” that violated his reasonable expectation of privacy by flying too low in violation of FAA rules. He didn’t here; remanded. State v. Jordan, … Continue reading

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AP: Man whose home was bombed by police holds off on rebuilding

AP: Man whose home was bombed by police holds off on rebuilding:

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E.D.Cal.: Overbreadth argument has to be developed; court won’t make it for you

The officer picking up defendant’s cell phone and the screen lighting up was not a search. It was inadvertent, and the phone had to be picked up to do anything with it. Even if it was, the exclusionary rule should … Continue reading

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W.D.Okla.: Military vaccine mandate applies to National Guard and it is not a search or seizure

The Covid vaccination mandate for the military does not exempt the National Guard. Oklahoma v. Biden, 2021 U.S. Dist. LEXIS 246534 (W.D.Okla. Dec. 28, 2021). As to the Fourth Amendment claim:

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CA10: Buses and trains in ABQ

A DEA officer’s lifting but not manipulating defendant’s duffle bag on a Greyhound bus that stopped in Albuquerque for passengers and service was not timely raised by the defense. But it was not a search. “It is not unusual on … Continue reading

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D.Ariz.: Covid-19 testing is (essentially) so minimal it is not a 4A intrusion

“Nasal swab testing for COVID-19 does not create an intrusion under the skin, does not involve any genetic testing, and there is no use of the sample for law enforcement purposes. Accordingly, the Court finds that Gold is unlikely to … Continue reading

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