Category Archives: Search

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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D.Minn.: Merely unlocking cell phone without looking in it is not a search

“[U]sing a passcode to unlock Defendant’s cellphone without exploring the contents of the phone does not constitute a search under the Fourth Amendment.” United States v. Jackson, 2021 U.S. Dist. LEXIS 202192 (D.Minn. Oct. 20, 2021). The protective sweep was … Continue reading

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IN: Privilege against self-incrimination is not self-executing as to cell phone password disclosure

Defendant’s mid-trial motion to suppress a cell phone search was waived: It was not timely, and defendant consented to giving the passcode and gave consent to search it. The privilege against self-incrimination is not self-executing here. Kerner v. State, 2021 … Continue reading

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NY: Failure to swear to facts of standing dooms motion to suppress

Failing to swear to facts supporting standing is fatal to a Fourth Amendment claim in New York. People v. Ibarguen, 2021 NY Slip Op 05617, 2021 N.Y. LEXIS 2207 (Oct. 14, 2021) (Wilson dissents again (see today’s prior post of … Continue reading

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ID: Drug dog’s nose through a car window before alerting is a search and a Jones trespass

A drug dog’s nose through a car window before alerting is a search and a Jones trespass. De minimis, yet, but still a trespass. There was no probable cause for the automobile exception, and the state waived standing by not … Continue reading

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