Daily Archives: June 17, 2024

E.D.Ky.: No PC for SW to test keys in a lock; only RS at most

Keys were found on the passenger seat of a pickup searched parked where a warrant was executed. A separate search warrant was obtained for the keys to determine whether they worked in the house lock. Plain view was argued. But, … Continue reading

Posted in Franks doctrine, Plain view, feel, smell | Comments Off on E.D.Ky.: No PC for SW to test keys in a lock; only RS at most

E.D.Wis.: Cross-gender strip search with transgender guard not “clearly established” for QI purposes

Plaintiff’s claim of a cross-gender jail strip search with a transgender guard was not clearly established at the time it happened, so the claim is barred by qualified immunity. West v. Eckstein, 2024 U.S. Dist. LEXIS 104294 (E.D. Wis. June … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Qualified immunity, Strip search | Comments Off on E.D.Wis.: Cross-gender strip search with transgender guard not “clearly established” for QI purposes

MN: Jail call to delete Facebook pages because of incriminating information was PC for SW

Defendant told a person he called from jail to delete his Facebook accounts because of potentially incriminating evidence on it. The state showed probable cause and particularity for the Facebook warrant. State v. Sardina-Padilla, 2024 Minn. LEXIS 307 (June 12, … Continue reading

Posted in Admissibility of evidence, Cell site location information, Probable cause, Social media warrants, Waiver | Comments Off on MN: Jail call to delete Facebook pages because of incriminating information was PC for SW

E.D.Ky.: Mere school employee conduct search of coworker’s purse not “state actors” for § 1983

A couple of school employees who suspected another of being under the influence of prescription medications searched her purse. They were not “state actors” for § 1983. As school employees, they had a heightened duty to protect the children. Lawson … Continue reading

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CA4: Alleged dirty cop involved in SW but not at trial wasn’t enough for new trial

An alleged dirty cop who didn’t testify at trial and was part of obtaining the search warrant was not enough to get a new trial. United States v. Banks, 2024 U.S. App. LEXIS 14273 (4th Cir. June 12, 2024). The … Continue reading

Posted in Admissibility of evidence, Probable cause, Social media warrants | Comments Off on CA4: Alleged dirty cop involved in SW but not at trial wasn’t enough for new trial