Daily Archives: October 8, 2024

E.D.Okla.: Housing authority’s warning of a pest inspection permitted under lease agreement amounts to no REP

The housing authority told plaintiff they were coming in for a pest inspection and did under the conditions of the lease. That was reasonable, and there was no violation of a reasonable expectation of privacy when the inspectors saw drugs. … Continue reading

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IN: Warrantless pulling on a loose car door panel was with PC and reasonable

The officer’s warrantless pulling on a loose car door panel with probable cause was not an unreasonable search under the Fourth Amendment or state constitution. Young v. State, 2024 Ind. App. LEXIS 279 (Oct. 4, 2024). The arrival of drug … Continue reading

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E.D.N.Y.: RS required for non-routine customs cell phone search

An Italian businessman with business in Luxembourg and investment in the United States had his cell phone seized without reasonable suspicion at JFK and searched elsewhere. Reasonable suspicion is required for a non-routine cell phone search, and the data taken … Continue reading

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Law360: Open Questions In Unsettled Geofence Warrant Landscape

Law360: Open Questions In Unsettled Geofence Warrant Landscape by Charles Fowler (“This summer produced the first two federal appellate decisions on the Fourth Amendment implications of geofence warrants…. Neither decision is final. And the dust may well settle somewhere in … Continue reading

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S.D.W.Va.: Reasonable during a traffic stop to ask about firearms in the car

The traffic stop was reasonable, and it was also reasonable for the officer to just ask whether there was a gun in the car for safety reasons because carrying in legal in this state. United States v. Martin, 2024 U.S. … Continue reading

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AgWeb: Feds Claim Access to 1.2 Billion Private Acres Without Warrant or Probable Cause

AgWeb: Feds Claim Access to 1.2 Billion Private Acres Without Warrant or Probable Cause by Chris Bennett (“The federal government asserts power over at least 96% of all private land in the U.S.” “How much private land can the federal … Continue reading

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OH2: Arrest clothes in jail storage can be searched without a warrant

Under established authority from 1993 in this court, defendant’s clothes from his arrest in storage at the jail can be tested for evidence without a warrant. State v. Wells, 2024-Ohio-4813 (2d Dist. Oct. 4, 2024). Defendant pled guilty and only … Continue reading

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IA: A brief detention at the scene is not “arrest” for speedy trial purposes

“Arrest” for speedy trial purposes doesn’t include a brief detention at the scene before the actual arrest. State v. Harris, 2024 Iowa Sup. LEXIS 79 (Oct. 4, 2024). Defendant satisfied his first Franks burden of a substantial preliminary showing of … Continue reading

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