Daily Archives: February 24, 2023

CA: Unreasonable stop and running warrants revealed def was on parole; suspicionless parole search unreasonable

A man on the street was stopped by police for no apparent reason. A records check revealed he was on parole with a warrantless search waiver on file. The warrantless search of his person was unreasonable, and the exclusionary rule … Continue reading

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S.D.Tex.: Exigency still remained for a second protective sweep of the premises

Enough exigency still remained for a second protective sweep of the premises. United States v. Beard, 2023 U.S. Dist. LEXIS 29007 (S.D. Tex. Feb. 22, 2023). Collective knowledge from another police department can be relied up to show probable cause. … Continue reading

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CA4: Unsworn information in the investigative file could be used to supplement the PC showing before issuing judge

“The district court correctly concluded that unsworn items in an investigatory file can be used to establish probable cause, and that there is nothing in the record to show that the magistrate judge failed to consider the information available to … Continue reading

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CA9: Denying owner access to an impounded car for 30 days is an unreasonable seizure

Denying access to one’s car for 30 days after impoundment without justification was an unreasonable seizure under the Fourth Amendment. Untalan v. Stanley, 2023 U.S. App. LEXIS 4070 (9th Cir. Feb. 22, 2023). CI information led to surveillance then two … Continue reading

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This blog is 20 years old today

First post: February 24, 2003, with 40,000 or so posts since then on three different platforms. More importantly, today is also the 262d anniversary of James Otis’ 1761 argument at the Boston Old State House against the writs of assistance … Continue reading

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