Daily Archives: June 14, 2024

CA5: Psychological injuries can support a 4A claim; unintended shooting victim has claim

If the facts were resolved against the police here, they violated clearly-established Fourth Amendment law by unjustifiably shooting into an occupied house and hitting an intended victim. Also, psychological injuries may sustain a Fourth Amendment claim. No qualified immunity. Singleton … Continue reading

Posted in § 1983 / Bivens, Dog sniff, Excessive force, Reasonable suspicion | Comments Off on CA5: Psychological injuries can support a 4A claim; unintended shooting victim has claim

CA7: Manual border search of cell phone revealing CP was reasonable

Manual border search of defendant’s cell phone was reasonable and revealed child pornography, and that justification for a more intensive search. United States v. Mendez, 2024 U.S. App. LEXIS 14058 (7th Cir. June 10, 2024). Defendant rented his hotel room, … Continue reading

Posted in Border search, Community caretaking function, Emergency / exigency, Standing | Comments Off on CA7: Manual border search of cell phone revealing CP was reasonable

MN: Warrantless DNA swabbing of apt door violated curtilage

The warrantless DNA swabbing of defendant’s apartment door was within the curtilage because it required physical contact, which is different than a dog sniff. “Although members of the public and law-enforcement officers generally have an implied license to approach a … Continue reading

Posted in Curtilage, DNA, Issue preclusion, Probable cause | Comments Off on MN: Warrantless DNA swabbing of apt door violated curtilage

CA10: Kansas Pet Animal Act did not satisfy the closely regulated industries exception

The Kansas Pet Animal Act did not satisfy the closely-regulated-industries standards of Burger and Patel. Johnson v. Smith, 2024 U.S. App. LEXIS 14019 (10th Cir. June 10, 2024):

Posted in Administrative search | Comments Off on CA10: Kansas Pet Animal Act did not satisfy the closely regulated industries exception

D.Mont.: A helpful summary of how to look at a potential Franks challenge

United States v. Howard, 2024 U.S. Dist. LEXIS 101989 (D. Mont. June 7, 2024):

Posted in Franks doctrine | Comments Off on D.Mont.: A helpful summary of how to look at a potential Franks challenge