D.Del.: Claiming a state administrative subpoena creates a “Fourth Amendment defense” is frivolous; removal denied, attorneys fees imposed

The Delaware DOJ sought records in an administrative proceeding against the defendant, and the defendant claimed the subpoena violated the Fourth Amendment and attempted to remove the whole case to federal court because that was a federal defense. This is not remotely removable, and the plaintiff’s petition to remand and for attorneys fees is granted. The parties are to confer on reasonableness. Delaware ex rel. Jennings v. Cabela’s Inc., 2024 U.S. Dist. LEXIS 12451 (D. Del. Jan. 24, 2024).

A police officer’s statement “Hey, come here a minute,” while nominally couched in the form of a demand, is actually a request that a citizen is free to regard or to disregard. Defendant was asked for consent to search for “weapons or contraband” and that included his pockets. State v. Wells, 2024-Ohio-236 (5th Dist. Jan. 24, 2024).*

Defendant’s wife had common control over a hidden camera and its memory card in a digital clock used for video voyeurism to give it to the police. Kobielusz v. State, 2024 WY 10, 2024 Wyo. LEXIS 10 (Jan. 24, 2024).*

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