Category Archives: Pretext

E.D.Mich.: “Imprint” of a gun in the pocket can be RS def is carrying

The “imprint” of a gun in the pocket can be reasonable suspicion defendant is carrying. United States v. Morris, 2025 U.S. Dist. LEXIS 8729 (E.D. Mich. Jan. 16, 2025). Defendant is charged with six Hobbs Act robberies. His vehicle was … Continue reading

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CA6: 4A’s “reasonable officer” “is a hypothetical construct of the law, one that no district court can cross-examine”

“But the Fourth Amendment’s ‘reasonable officer’ is not a real officer with real subjective thoughts and feelings. It is a hypothetical construct of the law, one that no district court can cross-examine.” United States v. Urraca, 2024 U.S. App. LEXIS … Continue reading

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AR: LA judge could issue SW for LA medical records for AR crime

After an accident in South Arkansas, defendant was airlifted to a hospital in Shreveport, Louisiana. A search warrant in Louisiana was issued for his medical records. There was no requirement that an Arkansas judge issue a warrant first, just so … Continue reading

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D.Nev.: In a § 242 prosecution, defense expert can’t testify to PC

In a § 242 prosecution for violating civil rights, the defense proposed expert is barred from opinion on whether probable cause existed for the arrest. “Whether a given set of facts constitutes probable cause to arrest or charge for a … Continue reading

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N.D.Cal.: Second frisk at scene of SW was still with RS

Defendant was frisked a second time during execution of a search warrant, and a gun was found. The second frisker didn’t know about the first. There was still reasonable suspicion for a frisk that he was armed and dangerous. United … Continue reading

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S.D.W.Va.: The fact officers planned to stop def doesn’t mean they weren’t credible when they said he committed a traffic violation to justify it

Just because officers planned to stop defendant if they had a traffic offense to justify it doesn’t mean that they weren’t credible when they testified there was a traffic violation. United States v. Murphy, 2024 U.S. Dist. LEXIS 189184 (S.D. … Continue reading

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The Conversation: Police stop more Black drivers, while speed cameras issue unbiased tickets − new study from Chicago

The Conversation: Police stop more Black drivers, while speed cameras issue unbiased tickets − new study from Chicago by Wenfei Xu, David Levinson, Michael J Smart & Nebiyou Yonas Tilahun:

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N.D.Ga.: Exigency shown for warrantless entry to prevent destruction of drugs

The government showed exigency for what they feared was imminent destruction of drugs for a warrantless entry and protective sweep. Then a warrant was obtained with probable cause. United States v. Banks, 2024 U.S. Dist. LEXIS 163658 (N.D. Ga. Aug. … Continue reading

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E.D.N.C.: Military command authorized search for CP on electronics was valid; listing IP addresses of devices not required

Defendant was in the Marine Corps and a Command Authorized Search and Seizure (CASS) for his electronic devices was executed for child pornography. It was sufficiently particular to satisfy the Fourth Amendment. “In this case, the challenged warrant did not … Continue reading

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D.Mont.: Dropbox conducted a private search finding CP

Dropbox found child porn in defendant’s account, and it reported to NCMEC. Dropbox conducted a private search. United States v. Balog, 2024 U.S. Dist. LEXIS 90179 (D. Mont. May 20, 2024).* “Defendant argues that the search of his vehicle was … Continue reading

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FL6: Def abandoned bag by leaving it where he had no right to re-enter to retrieve it

“Hargrove left his bag on a residential property that he had no legal right to enter and in a vehicle that he had no legal right to enter. Therefore, Hargrove left the bag in a place where he could not … Continue reading

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techdirt: Court Calls Out BS ‘Driving While Black’ Traffic Stops While Tossing Felony Possession Conviction

techdirt: Court Calls Out BS ‘Driving While Black’ Traffic Stops While Tossing Felony Possession Conviction by Tim Cushing:

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IL and DWB, driving while black

There was no lawful basis for defendant’s stop – it was a case of DWB, driving while black, something that needs to be confronted. Reversed. People v. Carpenter, 2024 IL App (1st) 220970, 2024 Ill. App. LEXIS 749 (Mar. 29, … Continue reading

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C.D.Cal.: Inquiry into actions of others besides the officers involved in search is a new Bivens claim and barred

“Second, the type of evidence necessary to prove Plaintiffs’ case differs from Bivens. Bivens required only an inquiry into the actions of arresting officers. Meanwhile, Plaintiffs challenge the propriety of Zellhart’s warrant application and special search procedures, requiring the Court … Continue reading

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The Appeal: Forty-Six States Paid for Violent, Racist Police Training. We Should Ban Pretextual Stops Instead.

The Appeal: Forty-Six States Paid for Violent, Racist Police Training. We Should Ban Pretextual Stops Instead. by Shirley LaVarco (“For decades, we’ve been told police officers just need training and resources to do their jobs correctly. These items, including cultural … Continue reading

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LA2: Anonymous report of man with a gun without some other possible crime is not RS

An anonymous tip that a man had a gun wasn’t reasonable suspicion. There was no report of any crime being committed at the time. State v. McCall, 2024 La. App. LEXIS 27 (La. App. 2 Cir. Jan. 10, 2024). Defendant … Continue reading

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S.D.Ind.: When a crime occurs in a car in front of the passengers, it’s reasonable to infer they were involved for PC purposes

When a suspected crime occurs in a car in front of the passengers, it is reasonable to infer, for probable cause purposes, that they are involved, comparing Di Re (1947) and Pringle (2003). United States v. Groves, 2023 U.S. Dist. … Continue reading

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CA6: SW’s minor error in naming place to be searched did not entitle ptf to relief; qualified immunity applies

A minor error in the address of the place to be searched could be overlooked because only the right place was searched. There is still qualified immunity. Neal El v. Valasek, 2023 U.S. App. LEXIS 30000 (6th Cir. Nov. 9, … Continue reading

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D.Vt.: Delay in searching one cell phone here leads to suppression but not as to a second one

Considering the four factors to consider in the delay in searching defendant’s cell phone, all the factors favor him. As to the exclusionary rule, “Because there is an ‘appreciable deterrent value’ in suppressing the evidence from the 9/15/22 Warrant, as … Continue reading

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N.D.Cal.: City policy of towing and impounding vehicles for fees owed violated 4A of lessor

Plaintiff leased a vehicle to a motorist who got behind in payments. By the time it was ready to repossess, VW Credit found out that the city had the car towed and held by a towing company which refused to … Continue reading

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