Daily Archives: April 10, 2022

CA4: The fact a traffic stop could have been more efficient doesn’t mean it was otherwise unreasonable

“In sum, though the stop could have been shorter (and begun more efficiently), it wasn’t impermissibly prolonged. Marcel and Haigler’s actions were reasonably related to investigating an expired license plate. And this basis for the stop quickly mushroomed into other … Continue reading

Posted in Cell phones, Reasonable suspicion, Reasonableness | Comments Off on CA4: The fact a traffic stop could have been more efficient doesn’t mean it was otherwise unreasonable

D.D.C.: SW not needed to search seized oligarch’s yacht in foreign port

A warrant for search of a Russian oligarch’s seized yacht under sanctions for the Ukraine invasion is denied as probably unnecessary. “The Fourth Amendment does not apply to the search and seizure of property owned by a nonresident alien located … Continue reading

Posted in Foreign searches, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on D.D.C.: SW not needed to search seized oligarch’s yacht in foreign port

N.D.Okla.: Officer’s testimony of traffic offense wasn’t believed based on his words on video

“Considering the totality of the circumstances, the Court finds that Phillips’ testimony that he observed a lane violation prior to initiating a traffic stop is not credible. The only evidence tending to support the commission of a traffic violation is … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Scope of search | Comments Off on N.D.Okla.: Officer’s testimony of traffic offense wasn’t believed based on his words on video

CA6: Failure to file state SW papers with clerk not 4A violation

Failure to file the state search warrant papers with the state clerk under state law is not a Fourth Amendment violation. United States v. Baker, 2022 U.S. App. LEXIS 9315 (6th Cir. Apr. 5, 2022). The signed affidavit being incorporated … Continue reading

Posted in Custody, Warrant papers | Comments Off on CA6: Failure to file state SW papers with clerk not 4A violation