Daily Archives: August 22, 2022

CA6: No QI for 3 strip searches a day for inmate in segregation

Plaintiff’s prison warden denied qualified immunity for ordering three strip searches a day on plaintiff when he was in segregation. Fugate v. Erdos, 2022 U.S. App. LEXIS 23208 (6th Cir. Aug. 18, 2022). “The defendant officers were attempting to locate … Continue reading

Posted in Excessive force, Prison and jail searches, Qualified immunity, Waiver | Comments Off on CA6: No QI for 3 strip searches a day for inmate in segregation

W.D.Pa.: A request to show hands requires RS

The facts not being in dispute, no hearing was required on defendant’s motion to suppress. A request to show hands required reasonable suspicion. United States v. Chambers, 2022 U.S. Dist. LEXIS 148692 (W.D. Pa. Aug. 19, 2022). Defendant alluded to … Continue reading

Posted in Franks doctrine, Motion to suppress, Probable cause, Reasonable suspicion | Comments Off on W.D.Pa.: A request to show hands requires RS

MI: No RS for getting def out of car for a frisk

Defendant’s stop was justified, but getting him out of the vehicle for a frisk was not. Suppressed. People v. Turner, 2022 Mich. App. LEXIS 4943 (Aug. 18, 2022) (2-1). On the totality, defendant consented to an interview in his own … Continue reading

Posted in Custody, Franks doctrine, Stop and frisk | Comments Off on MI: No RS for getting def out of car for a frisk

OH5: No standing in rental car where contract expired and driver was not authorized on contract

“The evidence demonstrated the vehicle was owned by the rental company, it was leased to someone other than Appellant, the rental agreement had lapsed, and the record does not support Appellant having authorization to use the vehicle. As a result, … Continue reading

Posted in Probation / Parole search, Standing | Comments Off on OH5: No standing in rental car where contract expired and driver was not authorized on contract

CA9: Stepping back and allowing officers to enter is consent to enter

“Given Lege’s affirmative consent and the fact that he stepped back and appeared to welcome Oster into his apartment, a reasonable officer would have concluded that he had consent to enter the apartment, …, and the district court properly concluded … Continue reading

Posted in Consent, GPS / Tracking Data, Reasonable suspicion | Comments Off on CA9: Stepping back and allowing officers to enter is consent to enter

W.D.Mo.: SW for the entirety of def’s Instagram account was not a general search

The warrant for the entirety of defendant’s Instagram account was not a general search. United States v. Smith, 2022 U.S. Dist. LEXIS 147892 (W.D. Mo. Aug. 18, 2022). Seeing a handgun protruding from defendant’ waistband as he walked down the … Continue reading

Posted in General warrant, Good faith exception, Reasonable suspicion, Social media warrants | Comments Off on W.D.Mo.: SW for the entirety of def’s Instagram account was not a general search