S.D.Miss.: Evanescent nature of evidence of sex crime justified warrantless entry to hotel room

A rape report and the potential evanescent nature of the evidence justified a warrantless entry into defendant’s hotel room. He also was on probation. United States v. Jones, 2026 U.S. Dist. LEXIS 43102 (S.D. Miss. Mar. 3, 2026):

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404 Media: CBP Tapped Into the Online Advertising Ecosystem To Track Peoples’ Movements

404 Media: CBP Tapped Into the Online Advertising Ecosystem To Track Peoples’ Movements by Joseph Cox (“An internal DHS document obtained by 404 Media shows for the first time CBP used location data sourced from the online advertising industry to track phone locations. ICE has bought access to similar tools.”)

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TN: Failure to allege what should have been suppressed defeats IAC claim

Failure to allege what should have been suppressed if a motion to suppress had been filed is fatal to an ineffective assistance of counsel claim. Coyne v. State, 2026 Tenn. Crim. App. LEXIS 104 (Mar. 3, 2026).

Qualified immunity denied: the officer allegedly struck plaintiff 12 times while was kneeling submitting to arrest and posed no threat. Barricks v. Wright, 2026 U.S. App. LEXIS 6191 (4th Cir. Mar. 3, 2026).*

Trespassing in someone’s yard at night in black waving a gun was reasonable suspicion. Barrett v. Commonwealth, 2026 Va. App. LEXIS 133 (Mar. 3, 2026)* (unpublished).

The extension of defendant’s stop was not justified by reasonable suspicion. He didn’t even match the description that the officer relied on. United States v. McDowell, 2026 U.S. Dist. LEXIS 42904 (E.D. Okla. Mar. 3, 2026).*

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CA4: Error to deny suppression motion without hearing where there’s disputed facts

The district court erred in denying defendant’s motion to suppress without a hearing when there were disputed facts. United States v. Moore, 2026 U.S. App. LEXIS 6196 (4th Cir. Mar. 3, 2026).

Defendant consented orally and in writing to search of his cell phone. United States v. Guerrero, 2026 U.S. App. LEXIS 6231 (6th Cir. Mar. 3, 2026).*

Nexus was shown to defendant’s house from his years-long drug trade. United States v. Johnson, 2026 U.S. Dist. LEXIS 42706 (W.D. Va. Mar. 2, 2026).*

Petitioner actually filed a motion to suppress and litigated it, so he’s Stoned out in this 2254. White v. Sec’y, Dep’t of Corr., 2026 U.S. Dist. LEXIS 42778 (M.D. Fla. Mar. 3, 2026).*

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W.D.Pa.: Younger doctrine didn’t apply when plaintiff’s criminal case was over

Younger doctrine didn’t apply when plaintiff’s criminal case was over. Harris v. Trent, 2026 U.S. Dist. LEXIS 42416 (W.D. Pa. Mar. 2, 2026).

“Here, assuming the factual disputes in Franke’s favor, the relevant question is whether it was clearly established in March 2022 that a police officer violates a person’s rights during an investigatory detention by using advanced pain compliance techniques—here a half nelson and painfully twisting a wrist with enough force to cause an injury that required surgery—on a handcuffed individual not resisting arrest. Binding caselaw shows that it was.” Franke v. Janes, 2026 U.S. App. LEXIS 6031 (6th Cir. Mar. 2, 2026).*

Omissions from the affidavit for arrest did not materially undermine the probable cause, thus defeating a malicious prosecution action. L.M. v. Graham, 2026 U.S. App. LEXIS 5849 (4th Cir. Feb. 27, 2026).*

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W.D.Ark.: Exclusionary rule doesn’t apply to sentencing

The exclusionary rule doesn’t apply to sentencing. Owen v. United States, 2026 U.S. Dist. LEXIS 42184 (W.D. Ark. Jan. 20, 2026) (recognizing rule).

The officer here blocked defendant’s parked car while he was in it, so that was a stop. Remanded for a determination of reasonable suspicion. State v. Bennett, 2026-Ohio-698 (9th Dist. Mar. 2, 2026).*

The government elects not to use CSLI in this case, so the motion to suppress it is moot. United States v. Browne, 2026 U.S. Dist. LEXIS 40936 (N.D. Ga. Feb. 4, 2026).*

Two doctors showed probable cause to believe plaintiff was a danger and that justified his mental health hold in the face of a Fourth Amendment claim. Mulvey v. Nassau Univ. Med. Ctr., 2026 U.S. Dist. LEXIS 41177 (E.D.N.Y. Feb. 27, 2026).*

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Va.L.Rev.: Fourth Amendment Trespass and Internet Search History

Alec J.H. Block & Joseph W. Paul, Fourth Amendment Trespass and Internet Search History,
111 Va. L. Rev. Online 188 (2025). Abstract:

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The automobile exception is 101 today

See the 100th Anniversary post.

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CNS: California drivers accuse Flock Safety of sharing data with federal and out-of-state agencies

CNS: California drivers accuse Flock Safety of sharing data with federal and out-of-state agencies by Edvard Pettersson (“Even after Flock removed California law enforcement agencies from its National Lookup service last year, unauthorized access to the agencies’ databases has continued, the plaintiffs argue.”)

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CA10: RS didn’t dissipate during wait for drug dog

Reasonable suspicion here once developed didn’t dissipate before the 20-30 minute wait for the drug dog. United States v. Labs, 2026 U.S. App. LEXIS 5789 (10th Cir. Feb. 27, 2026).

By statute, “[t]he evidence admissible for meeting the State’s burden can be the same as that admissible in determining probable cause at a preliminary hearing or by a judge in issuing a search warrant.” State v. $12,039 United States Currency Seized from Kent, 2026 La. App. LEXIS 371 (La. App. 2 Cir Feb. 25, 2026).*

There was probable cause along with good faith on issuance of this warrant for seizure of animals from the complainant. In re Hirt, 2026-Ohio-681 (6th Dist. Feb. 27, 2026).*

The inventory of plaintiff’s car after a DUI arrest was reasonable. Ryles v. Cook, 2026 U.S. Dist. LEXIS 41024 (M.D. Ala. Feb. 27, 2026).*

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W.D.Wash.: Habeas not remedy for immigration arrest without PC

Even if an immigration arrest lacked probable cause, habeas isn’t the remedy. Reyes v. Hermosilla, 2026 U.S. Dist. LEXIS 41279 (W.D. Wash. Jan. 15, 2026)*:

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E.D.Cal.: Excessive damage in executing writ of possession can state claim

Excessive damage in executing a writ of possession can state a Fourth Amendment claim. Dayton v. Fairfield Mobile Home, 2026 U.S. Dist. LEXIS 41228 (E.D. Cal. Feb. 26, 2026).

Vehicle finance company’s Fourth Amendment claim against the village’s retention of inoperable seized vehicles is dismissed in part. Unneeded property usually is returned to the owners. Santander Consumer USA, Inc. v. Vill. of Freeport, 2026 U.S. Dist. LEXIS 41282 (E.D.N.Y. Feb. 10, 2026).*

Painfully tight handcuffs isn’t shown by clearly established law to be excessive force where the plaintiff threatened the officer. Ennes v. Presque Isle Cty., 2026 U.S. App. LEXIS 5954 (6th Cir. Feb. 27, 2026).*

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IL: Searching wallet in Terry frisk for weapons was unreasonable

Even assuming the frisk was for weapons, as the officer stated on the bodycam video, the search of defendant’s wallet exceeded the scope of a Terry frisk. People v. Molitor, 2026 IL App (2d) 240644, 2026 Ill. App. LEXIS 65 (Feb. 27, 2026).

2254 petitioner didn’t fairly present his Fourth Amendment claim to the state courts first, so he can’t raise it here. Flynn v. Wenzel, 2026 U.S. Dist. LEXIS 40796 (N.D. Ill. Feb. 27, 2026).*

“The opportunity to raise Fourth Amendment claims, regardless of whether it is acted upon at the state level, is all that is required to preclude federal habeas review. … Even errors in adjudicating Fourth Amendment claims are not an exception to Stone’s bar. … Here, Petitioner had the opportunity to raise his Fourth Amendment challenges in state court, which precludes these claims.” Vandenabeelen v. Dir., Tex. Dep’t of Crim. Just.-Corr. Insts. Div., 2026 U.S. Dist. LEXIS 40836 (E.D. Tex. Jan. 23, 2026),* adopted, 2026 U.S. Dist. LEXIS 38927 (E.D. Tex. Feb. 25, 2026).*

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D.Minn.: Preliminary injunction granted against immigration arrests under 8 U.S.C. § 1159(a) because they violate 4A

Preliminary injunction granted against immigration arrests under 8 U.S.C. § 1159(a) because they violate the Fourth Amendment. U.H.A. v. Bondi, 2026 U.S. Dist. LEXIS 40545 (D. Minn. Feb. 27, 2026)*:

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TN: Three controlled buys in three days is PC

Three controlled buys three days in a row was probable cause for a warrant for defendant’s house. State v. White, 2026 Tenn. Crim. App. LEXIS 95 (Feb. 27, 2026).*

“Here, a review of the affidavit demonstrates that it does contain specific factual averments, specifically that: (i) surveillance was initiated based on information of large-scale drug sales; (ii) agents saw the Defendant leave his residence and go directly to a meeting during which a hand-to-hand drug transaction occurred; (iii) the recipient of the hand-to-hand transaction admitted that she had purchased drugs from the Defendant; and (iv) approximately 21 grams of marijuana were recovered from the recipient’s vehicle. While additional facts establishing a definitive nexus between the Defendant’s residence and his drug distribution activities certainly would have bolstered the affidavit, courts should refrain from ‘second guess[ing] the magistrate who authorized the warrant’ when looking at the affidavit through the lens of the good-faith exception. … Rather, the question is simply ‘whether officers objectively could reasonably believe that there was’ such a nexus between the drug activity and residence.” And here the answer is yes. United States v. Robertson, 2026 U.S. Dist. LEXIS 40354 (W.D. La. Feb. 26, 2026) (emphasis added).*

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D.N.M.: Suit over search in pending criminal case barred by Heck

Plaintiff’s first Fourth Amendment claim failed under Heck. He amended the complaint and still doesn’t overcome it. His claim of failure to train in serving search warrants is conclusory and doesn’t state a claim either. Flores v. Wood, 2026 U.S. Dist. LEXIS 38505 (D.N.M. Feb. 25, 2026).*

Plaintiff’s complaint over his search and seizure is barred by Heck because he’s still in criminal court. Kumar v. Marino, 2026 U.S. Dist. LEXIS 38991 (E.D. Cal. Feb. 25, 2026).*

Plaintiff tensed up to resist an arrest, and the officer used a takedown maneuver to gain control. He gets qualified immunity. Bigger v. Grubbs, 2026 U.S. Dist. LEXIS 38204 (E.D. Mich. Feb. 20, 2026).*

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CA11: 4A doesn’t require “in the presence of the officer” for misdemeanor arrest

While Georgia law requires a misdemeanor offense be in the presence of the officer, the Fourth Amendment does not. The arrest was constitutionally valid. Middlebrooks v. Kasmar, 2026 U.S. App. LEXIS 5855 (11th Cir. Feb. 27, 2026).

There was information from corroborated informant tips justifying the search warrant, and it was not stale. United States v. Alward, 2026 U.S. Dist. LEXIS 39894 (E.D. Mich. Feb. 26, 2026).*

The car was in a woman’s name, and she had one set of keys and her phone was locked inside. She had common authority to consent to its search. A cell phone was seized incident to arrest, and probable cause developed that it could have evidence of commercial sex trafficking on it. United States v. Parker, 2026 U.S. Dist. LEXIS 38812 (D.D.C. Feb. 25, 2026).*

There was no GPS installed on claimant’s vehicle. It was just surveilled. United States v. 1. Assorted Marijuana Grow Equip., 2026 U.S. Dist. LEXIS 40277 (D. Colo. Feb. 18, 2026).*

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NH: Trial court didn’t err in allowing officer to testify to what geolocation information meant here: def was in victim’s house

The victim found an intruder in his home, and called the police. The intruder got away. The police sought geolocation information from Google on all phones at the house, and defendant’s phone came up. The officer called defendant. This was not called a geofence warrant, and the issue on appeal was the officer’s ability to testify to what the geolocation information meant. State v. Crosby, 2026 N.H. LEXIS 28 (Feb. 25, 2026):

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TX14: No REP in electronic monitoring while on pretrial release

Defendant on electronic monitoring as a bond condition has no reasonable expectation of privacy in the GPS information. Hawkins v. State, 2026 Tex. App. LEXIS 1874 (Tex. App. – Houston (14th Dist.) Feb. 26, 2026) (substituted opinion on rehearing), UPDATE: substituted opinion: Hawkins v. State, 2026 Tex. App. LEXIS 3412 (Tex. App. – Houston (14th Dist.) Apr. 14, 2026)

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E.D.Mich.: Typo in SW affidavit didn’t justify Franks hearing

A single error in a warrant affidavit that should be characterized as a typo and not a false statement doesn’t justify a Franks hearing. United States v. McClain, 2026 U.S. Dist. LEXIS 39891 (E.D. Mich. Feb. 26, 2026).

Defendant had no standing nor privacy interest in packages of suspected drugs that didn’t have his name on them. United States v. Ruiz, 2026 U.S. Dist. LEXIS 39457 (N.D. Ohio Feb. 26, 2026).*

Defendant’s breath test was based on probable cause and he consented to it, knowing that he’d get a summons if .08 or higher or jailed if he refused. State v. Davis, 2026 ME 16 (Feb. 24, 2026).*

Defendant didn’t have standing in this vehicle searched for a weapon involved in an alleged gang shooting. United States v. Burns, 2026 U.S. Dist. LEXIS 39563 (D.N.J. Feb. 26, 2026).*

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