Category Archives: Foreign searches

D.V.I.: 19 warning shots from USCG helicopter to effect stop of boat wasn’t unreasonable

The Coast Guard did not use unreasonable excessive force in firing 19 warning shots from a helicopter to get defendants to stop their boat. United States v. Menocal-Mero, 2024 U.S. Dist. LEXIS 99881 (D.V.I. June 5, 2024). Viewing the bodycam, … Continue reading

Posted in Consent, Custody, Excessive force, Foreign searches, Reasonable suspicion | Comments Off on D.V.I.: 19 warning shots from USCG helicopter to effect stop of boat wasn’t unreasonable

S.D.N.Y.: Overseas seizure of Russian oligarch’s megayacht not governed by 4A

This megayacht was seized overseas for Russia sanctions. (Eduard Yurievich Khudainatov is the owner, and he’s a Russian oligarch who is a Putin proxy (per Forbes)) The claim that the initial seizure may have violated the Fourth Amendment fails because … Continue reading

Posted in Foreign searches, Forfeiture, Nexus, Reasonable suspicion | Comments Off on S.D.N.Y.: Overseas seizure of Russian oligarch’s megayacht not governed by 4A

N.D.Iowa: Drug dog sticking his nose in the open window of car was a search, and here without PC

The drug dog’s sticking his nose in the open window of defendant’s car was a search, and here without probable cause. United States v. Handley, 2024 U.S. Dist. LEXIS 64531 (N.D. Iowa Apr. 9, 2024). This search warrant is particular … Continue reading

Posted in Dog sniff, Foreign searches, Particularity, Trespass | Comments Off on N.D.Iowa: Drug dog sticking his nose in the open window of car was a search, and here without PC

E.D.N.Y.: Seizure of def’s cell phone in South Africa by their police does not “shock the conscience” or show virtual agency

“The court must first begin with a discussion of the initial seizure of Chang’s cellphone by South African authorities on December 29, 2018. Under the ‘international silver platter doctrine,’ the U.S. can generally receive evidence obtained by foreign authorities with … Continue reading

Posted in Cell phones, Foreign searches, Issue preclusion, Waiver | Comments Off on E.D.N.Y.: Seizure of def’s cell phone in South Africa by their police does not “shock the conscience” or show virtual agency

MO: Collective knowledge for RS doesn’t require that every witness be called at the suppression hearing

Collective knowledge for reasonable suspicion doesn’t require that every witness be called at the suppression hearing. “While Appellant seemingly takes issue with the fact that the officer who took Victim’s report did not also testify, the Hensley test only requires … Continue reading

Posted in Admissibility of evidence, Collective knowledge, Foreign searches, Probation / Parole search, Reasonable suspicion | Comments Off on MO: Collective knowledge for RS doesn’t require that every witness be called at the suppression hearing

NJ: State could get SW for bullet removed during surgery even four years after shooting

Defendant had elective surgery four years after a shooting to remove the bullet. The police were entitled to a search warrant for the bullet from the hospital because it was evidence of a crime. Trial court’s denial of the warrant … Continue reading

Posted in Foreign searches, Privileges, Scope of search | Comments Off on NJ: State could get SW for bullet removed during surgery even four years after shooting

S.D.N.Y.: 4A doesn’t apply to seizure of superyacht in Fiji belonging to a non-US citizen

The Fourth Amendment does not apply extraterritorially to a boat seizure for forfeiture in Fiji belonging to a noncitizen. “It is hereby ORDERED that Claimants’ request for expedited discovery is DENIED. Claimants’ request is denied because the basis of their … Continue reading

Posted in Consent, Foreign searches, Forfeiture | Comments Off on S.D.N.Y.: 4A doesn’t apply to seizure of superyacht in Fiji belonging to a non-US citizen

CA11: Crew of foreign registered ship boarded in international waters has no 4A standing

Defendant had no Fourth Amendment standing when he was a foreign national on a ship of a foreign country that drew the Coast Guard’s attention south of the Cayman Islands. The Coast Guard finally boarded the ship after the country … Continue reading

Posted in Admissibility of evidence, Consent, Foreign searches, Probation / Parole search | Comments Off on CA11: Crew of foreign registered ship boarded in international waters has no 4A standing

OH7: Taking backpack of arrestee to handcuff doesn’t make it not subject to search incident

“Appellant had the bag on her back at the time the officer arrested her for obstructing official business. The officer’s removal of the bag from the arrestee in order to handcuff her did not eliminate his ability to search the … Continue reading

Posted in Foreign searches, Search incident, Seizure | Comments Off on OH7: Taking backpack of arrestee to handcuff doesn’t make it not subject to search incident

D.D.C.: Even joint venture search in Dominican Republic of a Venezuelan citizen doesn’t violate 4A

Defendant is charged with hostage taking in the Dominican Republic. Trial starts next week. He is a citizen of Venezuela in the Dominican Republic, and the search there did not violate his Fourth Amendment rights since he had no connection … Continue reading

Posted in Consent, Foreign searches, Probable cause, Reasonableness | Comments Off on D.D.C.: Even joint venture search in Dominican Republic of a Venezuelan citizen doesn’t violate 4A

S.D.N.Y.: Def doesn’t show Colombia wiretap was U.S. instigated

Defendants produced nothing to show that U.S. officers enlisted Colombian officers to wiretap their phones there. United States v. Ruiz, 2023 U.S. Dist. LEXIS 186612 (S.D.N.Y. Oct. 16, 2023).* Just because there were discrepancies between the testimony at the suppression … Continue reading

Posted in Foreign searches, Franks doctrine, Plain view, feel, smell | Comments Off on S.D.N.Y.: Def doesn’t show Colombia wiretap was U.S. instigated

D.S.D.: Two anonymous tips about a car built upon one another and provided RS

Two anonymous tips about a car built upon one another and finding the car on the interstate was reasonable suspicion. United States v. Gonzalez, No. 422-CR-40119-KES, 2023 U.S. Dist. LEXIS 167068 (D.S.D. Sep. 15, 2023). Defendant was indicted for conspiring … Continue reading

Posted in Burden of pleading, Cell phones, Foreign searches, Informant hearsay, Reasonable suspicion | Comments Off on D.S.D.: Two anonymous tips about a car built upon one another and provided RS

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

Posted in Automobile exception, Dog sniff, Foreign searches, Reasonable suspicion, Scope of search, Seizure | Comments Off on OH8: Dog alert on a car permits search of containers in it

Cal.4: Parole search that wasn’t “harassing, arbitrary, or capricious” was reasonable

The parole search was valid. “Defendant offers no argument that the search qualified as harassing, arbitrary, or capricious.” People v. Session, 2023 Cal. App. LEXIS 549 (4th Dist. July 19, 2023). Defendants were stopped in a go fast vessel (GFV) … Continue reading

Posted in Arrest or entry on arrest, Consent, Foreign searches, Probation / Parole search | Comments Off on Cal.4: Parole search that wasn’t “harassing, arbitrary, or capricious” was reasonable

CA9: Joint Cambodian-U.S. search unlawful under Cambodian law not unlawful here; exclusionary rule not applied

Defendant was the subject of a joint raid in Cambodia by local and U.S. officers. The search of defendant’s room was held unlawful under Cambodian law because there was no written consent of the owner, something with no counterpart in … Continue reading

Posted in Conflict of laws, Exclusionary rule, Foreign searches, Franks doctrine, Particularity | Comments Off on CA9: Joint Cambodian-U.S. search unlawful under Cambodian law not unlawful here; exclusionary rule not applied

S.D.Ga.: SW for premises is for evidence and requires no crime on the premises

“An affidavit seeking a search warrant for a residence need not contain ‘an allegation that the illegal activity occurred at the location,’ … but it ‘should establish a connection between the defendant and the residence to be searched and a … Continue reading

Posted in Foreign searches, Probable cause, Scope of search, Standing | Comments Off on S.D.Ga.: SW for premises is for evidence and requires no crime on the premises

CA4: Govt is not responsible when a subpoenaed party turns over more than was sought

The government is not responsible when a subpoenaed party turns over more than was sought. United States v. Taylor, 2022 U.S. App. LEXIS 33418 (4th Cir. Dec. 5, 2022). Officers executing a search warrant at defendant’s house repeatedly made it … Continue reading

Posted in Custody, Foreign searches, Forfeiture, Subpoenas / Nat'l Security Letters | Comments Off on CA4: Govt is not responsible when a subpoenaed party turns over more than was sought

CA7: The question is only whether the officer reasonably believed def violated the law, not whether def did

“‘[T]he question … is whether [the officer] reasonably believed that he saw a traffic violation, not whether [the defendant] actually violated the [law].’ Cole, 21 F.4th at 428.” United States v. Yang, 2022 U.S. App. LEXIS 19125 (7th Cir. July … Continue reading

Posted in Burden of pleading, Foreign searches, Reasonable suspicion | Comments Off on CA7: The question is only whether the officer reasonably believed def violated the law, not whether def did

CA7: The question is not whether def committed a traffic violation, it’s whether the officer reasonably believed he did

“‘[T]he question … is whether [the officer] reasonably believed that he saw a traffic violation, not whether [the defendant] actually violated the [law].’ Cole, 21 F.4th at 428.” United States v. Yang, 2022 U.S. App. LEXIS 19125 (7th Cir. July … Continue reading

Posted in Excessive force, Foreign searches, Reasonable suspicion, Reasonableness | Comments Off on CA7: The question is not whether def committed a traffic violation, it’s whether the officer reasonably believed he did

CA2: Video surveillance in Thailand legal under Thai law admissible here

The DEA with Thai officers installed a camera and listening device in a dwelling in Phuket, Thailand. Defendant was a short-time guest there and he was recorded. Apparently the installation and monitoring was legal under Thai law. The capture of … Continue reading

Posted in Foreign searches, Independent source, Qualified immunity | Comments Off on CA2: Video surveillance in Thailand legal under Thai law admissible here