In a helicopter flyover case, defendant carried the burden of showing that the police conducted a “search” that violated his reasonable expectation of privacy by flying too low in violation of FAA rules. He didn’t here; remanded. State v. Jordan, 2022-Ohio-1992, 2022 Ohio App. LEXIS 1864 (3d Dist. June 13, 2022).
The traffic stop of a suspected heroin dealer was reasonable, and wasn’t longer than necessary. United States v. Henry, 2022 U.S. App. LEXIS 16131 (5th Cir. June 10, 2022).*
“As stated in Rodriguez, the Fourth Amendment tolerates police activities that do not lengthen the duration of the detention. However, the district court’s finding that ‘the court cannot determine if those [deviations] ‘measurably extended’ the duration of [the] seizure’ was clearly erroneous. The record confirms that while there were two deviations from the initial course of this traffic stop, the combined deviation was insufficient to change the overall length of the stop beyond the time when the drug dog alerted on the vehicle. When this occurred, it gave rise to a reasonable suspicion of drug activity and allowed officers to continue to investigate. Accordingly, we reverse the district court’s order granting Riley’s motion to suppress and remand the case for further proceedings.” State v. Riley, 2022 Ida. LEXIS 67 (June 10, 2022).*