SD: Def not in custody during DNA SW when asked basic questions

Despite language difficulties, defendant did speak some English, enough to refer to erection difficulties, and he never indicated he didn’t understand. He was not in custody for Miranda purposes when he was asked some basic questions and volunteered information while officers were taking a buccal swab for DNA in a rape case with a warrant. State v. Ghebre, 2023 S.D. 21 (May 10, 2023).*

“Plaintiff provides no details about the alleged illegal search or the circumstances surrounding the search that would show the search was unreasonable. He therefore fails to state a Fourth Amendment claim for an illegal search.” F.R.C.P. 12(b)(6). Williams v. Hartsell, 2023 U.S. Dist. LEXIS 82385 (D. Ariz. May 10, 2023).*

The court again holds that the city’s mandatory 30-day impoundment of a vehicle violates the Fourth Amendment. Brewster v. City of L.A., 2023 U.S. Dist. LEXIS 82369 (C.D. Cal. May 9, 2023), on remand from Brewster v. Beck, 859 F.3d 1194 (9th Cir. 2017).

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