Daily Archives: December 29, 2024

CA5: Where 4A claim undecided below, it doesn’t form basis for stay

In the appeal of Texas Top Cop Shop, Inc. v. Garland, posted here, the Fifth Circuit doesn’t rely on the undecided Fourth Amendment claim in deciding on a stay. 2024 U.S. App. LEXIS 32565 (5th Cir. Dec. 23, 2024).* The … Continue reading

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TN: SW didn’t say blood to be taken and seized could be tested, but it could be under common sense reading

“Although the warrant did not specifically state that the blood was to be ‘tested,’ ‘analyzed,’ or ‘examined’ for such intoxicants, a logical, commonsense reading of the warrant shows that the warrant was meant to authorize such analysis because an intoxicating … Continue reading

Posted in Drug or alcohol testing, Franks doctrine, Reasonable suspicion, Warrant execution | Comments Off on TN: SW didn’t say blood to be taken and seized could be tested, but it could be under common sense reading

CA5: Ptf’s excessive force claim arising from a traffic stop expands Bivens

Plaintiff’s shooting during a traffic stop gone bad is an expansion of Bivens and is rejected. Hernandez v. Causey, 2024 U.S. App. LEXIS 32527 (5th Cir. Dec. 23, 2024). Defendant had standing to contest the search of his room at … Continue reading

Posted in § 1983 / Bivens, Consent, Excessive force, Probable cause, Standing | Comments Off on CA5: Ptf’s excessive force claim arising from a traffic stop expands Bivens

IA: Rental inspection ordinance not facially unconstitutional; administrative warrants required

The city’s rental property inspection ordinance does not fail under the state constitution’s search and seizure clause because it is not facially void in all circumstances. Administrative warrants can be obtained when there’s a proper showing. Singer v. City of … Continue reading

Posted in Administrative search, Admissibility of evidence, Informant hearsay, Probable cause | Comments Off on IA: Rental inspection ordinance not facially unconstitutional; administrative warrants required

MN: Dog sniff inside car a search

A dog sniff inside a car is a search. But here it was with probable cause. State v. Johnson, 2024 Minn. App. LEXIS 537 (Dec. 23, 2024):

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LATimes: ‘Ghost stops’: Lieutenant claims LAPD officials were warned about troubled gang unit

LATimes: ‘Ghost stops’: Lieutenant claims LAPD officials were warned about troubled gang unit by Libor Jany (claim of retaliation for reporting on police stops where body cams were turned off or no reports ever made).

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