Daily Archives: February 2, 2020

TN: Payton permitted entry to execute arrest warrant on motel room

Officers reasonably believed defendant was in a motel room, and an arrest warrant permitted entry under Payton. The observations from that went to getting a search warrant for the room. State v. Brandon, 2020 Tenn. Crim. App. LEXIS 5 (Jan. … Continue reading

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D.C.App. discusses “automatic companion” rule but concludes it doesn’t apply

The D.C. Court of Appeals discusses the scope of the automatic companion rule and finds that it doesn’t have to decide that issue here. There was reasonable suspicion for the companion’s patdown. Jenkins v. District of Columbia, 2020 D.C. App. … Continue reading

Posted in Stop and frisk | Comments Off on D.C.App. discusses “automatic companion” rule but concludes it doesn’t apply

CA9: 4A standing isn’t jurisdictional, so it doesn’t have to be decided

Standing for Fourth Amendment purposes is not jurisdictional, so the court can consider the merits instead. United States v. Spadafore, 2020 U.S. App. LEXIS 2922 (9th Cir. Jan. 28, 2020). The legality of the search warrant for defendant’s car is … Continue reading

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CA11: 49 days for presentment to a USMJ after arrest on the high seas of a foreign national wasn’t unreasonable

“In this drug trafficking case under the MDLEA, we too must follow Verdugo-Urquidez and conclude that defendant Guagua-Alarcon, who is a non U.S. citizen and non-U.S. resident, and who has no significant connection to the United States, cannot challenge under … Continue reading

Posted in § 1983 / Bivens, Foreign searches, Reasonableness | Comments Off on CA11: 49 days for presentment to a USMJ after arrest on the high seas of a foreign national wasn’t unreasonable

N.D.Ga.: Issues over the territorial jurisdiction of state issuing magistrate for geolocation information was subject to GFE

Defendants’ challenges to the state issuing magistrate’s jurisdiction over geolocation information that crosses jurisdictional lines were based on a Franks challenge that was negligence at worst and not an intentional misrepresentation as to the judge’s jurisdiction. Besides, as interesting as … Continue reading

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D.Neb.: The detail of a 911 call and corroboration of significant parts provided RS for a stop under Naverette

The detail of a 911 call and corroboration of significant parts provided reasonable suspicion for a stop under Naverette. United States v. Dan, 2020 U.S. Dist. LEXIS 14906 (D. Neb. Jan. 13, 2020):

Posted in Informant hearsay, Reasonable suspicion | Comments Off on D.Neb.: The detail of a 911 call and corroboration of significant parts provided RS for a stop under Naverette

MI: Civil discovery must comply with the 4A; here a cell phone search

Civil discovery must comply with the Fourth Amendment. Here, there was an order to turn over a cell phone for forensic evaluation, and it was essentially based on probable cause. Attorney-client privilege must also be protected. Martin v. Martin, 2020 … Continue reading

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The Post and Courier: Charleston police disproportionately pull over black drivers. Here’s the plan to fix it.

The Post and Courier: Charleston police disproportionately pull over black drivers. Here’s the plan to fix it. by Gregory Yee (“After years of concerns aired by members of the African American community, Charleston officials approved a racial bias audit of … Continue reading

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