Daily Archives: March 4, 2021

S.D.N.Y.: HomeAway and AirBnb prevailing parties in their data collection suit v. NYC

HomeAway.com and AirBnb.com were prevailing parties in their Fourth Amendment claims against the City of New York for sweeping data production, and they are awarded $595,000 in attorneys fees. HomeAway.com, Inc. v. City of New York, 2021 U.S. Dist. LEXIS … Continue reading

Posted in § 1983 / Bivens, Qualified immunity | Comments Off on S.D.N.Y.: HomeAway and AirBnb prevailing parties in their data collection suit v. NYC

Reason: After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back

Reason: After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back by Jacob Sullum (“In Massachusetts, Malinda Harris argues, civil asset forfeiture routinely violates the right to due process.”)

Posted in Forfeiture | Comments Off on Reason: After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back

S.D.N.Y.: Random Covid testing reasonable search under special needs doctrine

Assuming random Covid testing of NYC school children is a Fourth Amendment search, the court applies Vernonia School District 47J and special needs and finds it reasonable. Aviles v. De Blasio, 2021 U.S. Dist. LEXIS 38930 (S.D. N.Y. Mar. 2, … Continue reading

Posted in Body searches, School searches, Special needs | Comments Off on S.D.N.Y.: Random Covid testing reasonable search under special needs doctrine

CA11: Def doesn’t show searching officer’s arrest two years after his trial would have changed outcome for successor habeas

Defendant’s searching officer’s arrest two years after defendant’s conviction didn’t qualify for a successor habeas because he couldn’t show that the new information would have affected the officer’s credibility at a suppression hearing or trial, nor does he allege prejudice. … Continue reading

Posted in Unreasonable application / § 2254(d) | Comments Off on CA11: Def doesn’t show searching officer’s arrest two years after his trial would have changed outcome for successor habeas

D.N.M.: A vehicle could be stopped just because there was a warrant on the passenger

A vehicle could be stopped just because there was a warrant on the passenger. Here, ICE made the stop, and it was reasonably related to its justification. United States v. Murillo-Gonzalez, 2021 U.S. Dist. LEXIS 38494 (D. N.M. Mar. 1, … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell, Reasonableness | Comments Off on D.N.M.: A vehicle could be stopped just because there was a warrant on the passenger

D.Kan.: “Frantic” furtive movements as officers approached stopped car justified drawing weapons

Defendant’s “frantic” furtive movements as he stopped during a traffic stop justified officers drawing down on him as they approached the car. “Then during Solis’s temporary detention, other facts arose establishing probable cause to arrest him. The Court therefore concludes … Continue reading

Posted in Exclusionary rule, Reasonable suspicion | Comments Off on D.Kan.: “Frantic” furtive movements as officers approached stopped car justified drawing weapons

CA10: Officer’s questions after completion of stop extended it by consent

The traffic stop evolved into reasonable suspicion of drug trafficking and then a drug dog could be used on the vehicle. After completing the stop, “As Mercado-Gracia walked back to his vehicle, however, Officer Wood invoked ‘the old highway patrol … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off on CA10: Officer’s questions after completion of stop extended it by consent

M.D.Pa.: Tent in an open field might have had REP, but it was open to view inside and plain view applied

Assuming defendant’s tent in an “open field” area had a reasonable expectation of privacy (as the Ninth Circuit would hold), the tent was open and the officer could see in. There was no curtilage to the tent in an open … Continue reading

Posted in Curtilage, Plain view, feel, smell, Probable cause, Reasonable expectation of privacy | Comments Off on M.D.Pa.: Tent in an open field might have had REP, but it was open to view inside and plain view applied

CA2: Even if an administrative search was pretext for a criminal search, there was an independent basis for later SW

Defendants argued that an administrative search was a pretext for a criminal search. A later search warrant was based on independent information from state wiretaps. “Here, assuming arguendo that the administrative search was improper, suppression of the evidence obtained from … Continue reading

Posted in Administrative search, Independent source | Comments Off on CA2: Even if an administrative search was pretext for a criminal search, there was an independent basis for later SW