Daily Archives: December 13, 2022

CA5: Dog sniff of the person at the border does not require RS

A dog sniff of defendant’s person at the border did not require reasonable suspicion. United States v. Tenorio, 2022 U.S. App. LEXIS 33978 (5th Cir. Dec. 9, 2022). The credibility determinations on whether defendant was subjected to arrest or not … Continue reading

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WI: A description of a Harley in Wisconsin in April is generic and not RS

The description of the offending vehicle as a Harley in Wisconsin is so generic it can’t support a stop. “After all, Wisconsin is the home of Harley-Davidson, and it is one of, if not the most popular manufacturers of motorcycles … Continue reading

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S.D.Cal.: Release condition with firearm restriction and search waiver did not violate 2A or 4A

Defendant’s release condition of a firearm restriction and Fourth Amendment waiver because of a prior misdemeanor firearms conviction doesn’t violate the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen (2022). Heller supports the court’s conclusion. … Continue reading

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CA9: Private search of CSLI made it admissible in admin proceeding

The Washington State Department of Labor and Industries received information from whistleblowers of cell site location information the defendant business collected to show alleged violations of state law. This was a private search, and Carpenter is not implicated. Kleiser v. … Continue reading

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E.D.Wis.: Being a corporate official alone doesn’t confer standing

Defendants are corporate officials of a business that was searched. That fact alone doesn’t give them standing, and the motion papers don’t really help. This is a search under a warrant, and the defendants carry the burden on standing and … Continue reading

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