WSJ: Florida Cops Turn Traffic Stops Into Deportations

WSJ: Florida Cops Turn Traffic Stops Into Deportations by Arian Campo-Flores, Scott Calvert & Elizabeth Lindell (“A ride-along shows how the state’s police force has become integrated into federal government’s enforcement efforts; ‘You’re here illegally.’”):

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IN: Cell phone and social media SW in murder case had nexus

Defendant was involved in two connected murders, 13½ months apart, one likely retaliation for the other. The state showed probable cause for the warrant for his cell phone and social media accounts. While part was a close call, the requirement warrants be sustained if possible requires that this one be upheld. Flippins v. State, 2025 Ind. App. LEXIS 271 (Aug. 21, 2025). Defendant’s social media supported probable cause:

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N.D.Okla.: ALPR challenge requires standing; even so, it doesn’t violate Carpenter

Defendant’s Fourth Amendment claim about ALPR requires he show standing in the vehicle he was driving, and here he did not. Even if he had standing, Carpenter provides him no relief. “As an initial matter, the court notes that no reasonable expectation of privacy existed in either the license plate or the vehicle’s movements on public streets.” United States v. Acosta, 2025 U.S. Dist. LEXIS 163286 (N.D. Okla. Aug. 22, 2025).

While Missouri is a carry state, “Officer Sheets explained that it was the combination of the defendant pointing/aiming a gun [with a drum magazine] across the street in a residential area and then concealing it once he realized he was being watched by law enforcement that first raised his suspicion that criminal activity may be afoot. The officers’ suspicion was further informed by their familiarity with the area and their knowledge that the neighborhood was known for violence, including homicides, gang activity, and drug trafficking, and their familiarity with the vacant house as location where criminal activity had occurred in the past.” United States v. Conner, 2025 U.S. Dist. LEXIS 163547 (E.D. Mo. Aug. 22, 2025).*

Defendant’s feeling around apparently for a firearm (“security check”) in a high crime area, where the officer could see the magazine, was reasonable suspicion. While it could have been for a cell phone, in the abstract, here defendant’s phone was visible in his hand. United States v. Reams, 2025 U.S. Dist. LEXIS 163372 (D.N.J. Aug. 22, 2025).*

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D.Neb.: Bag of handcuffed def still subject to search incident

Although defendant was handcuffed, they aren’t “fail safe” and a search incident of the bag he was holding was reasonable under the circumstances. (His general lack of cooperation was also a factor.) United States v. Collier, 2025 U.S. Dist. LEXIS 163195 (D. Neb. Aug. 22, 2025):

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CA6: No REP in LPN

There is no reasonable expectation of privacy in license plate information. Defense counsel wasn’t ineffective for not raising that. Williams v. United States, 2025 U.S. App. LEXIS 21583 (6th Cir. Aug. 22, 2025).

While a sexual assault examination of a child is a Fourth Amendment search by the medical professional, that doesn’t mean the officers bringing her in for it can be sued. They had no participation. Doe v. S.C. Dep’t of Soc. Servs., 2025 U.S. Dist. LEXIS 163579 (D.S.C. Aug. 22, 2025).*

“Petitioner merely states a violation of [Fourth Amendment] rights [too] without articulating any reasons for the claim. This is insufficient to demonstrate the conviction and sentence were invalid. ‘Conclusory allegations unsupported by particularized facts are “subject to summary dismissal, as are contentions that in the face of the record are wholly incredible.” Blackledge v. Allision, 431 U.S. 63, 74 (1977); …” Lee v. United States, 2025 U.S. Dist. LEXIS 163560 (E.D. Mo. Aug. 22, 2025).*

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DE: No IAC claim where challenged evidence never used at trial

There is no ineffective assistance of counsel claim for not pursuing a Fourth Amendment claim where the product of the search was not used at trial. State v. Finney, 2025 Del. Super. LEXIS 404 (Aug. 18, 2025).

Crime victims are entitled to more credibility than informants in search warrant affidavits. Here in this fraud case, probable cause was shown, and the warrant was hardly stale. This was a fake trading card fraud, and the Franks attack on probable cause fails because it’s an attack on guilt, not probable cause. Even with the omissions included, there still is probable cause. United States v. Curcio, 2025 U.S. Dist. LEXIS 162848 (S.D.N.Y. Aug. 21, 2025).*

Another law enforcement officer is not a “party to the transaction” to be a notary or witness on an affidavit for warrant. Gonzalez v. State, 2025 Fla. App. LEXIS 6433 (Fla. 6th DCA Aug. 22, 2025).*

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CA8: A summons to come to court is not a 4A seizure

A summons to come to court is not a Fourth Amendment seizure. Brown v. City of Dermott, Arkansas, 23-3073 (8th Cir. Aug. 19, 2025).

The search of defendant’s vehicle was valid both under the automobile exception and inventory. United States v. Ware, 2025 U.S. Dist. LEXIS 161649 (E.D. Mo. Aug. 19, 2025).*

“Finally, the Court also agrees with [USM] Judge Dueker’s finding that Defendant abandoned the firearm and controlled substances he threw out of the vehicle while fleeing from the police, thus forfeiting any reasonable expectation of privacy in those items.” United States v. Carter, 2025 U.S. Dist. LEXIS 161652 (E.D. Mo. Aug. 20, 2025).*

Officers do not get qualified immunity for entering his garage to talk to him about a knock-and-talk. Case law says the front door, but it doesn’t say not the garage where he was standing. Theis v. Van der Stad, 2025 U.S. Dist. LEXIS 161334 (D. Minn. Aug. 20, 2025).*

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S.D.N.Y.: Failure to plead how 4A was violated denies return of laptop

The motion for return of the target’s laptop for violating the Fourth Amendment is denied because he doesn’t plead how the Fourth Amendment was violated. Commodities Future Trading Commission v. Alexandre, 2025 U.S. Dist. LEXIS 160456 (S.D.N.Y. Aug. 19, 2025).

An attempt to stop is not a stop. United States v. Rose, 2025 U.S. Dist. LEXIS 161729 (N.D. Ga. July 14, 2025).*

Defendant doesn’t get a 38.23 state jury instruction for lack of a fact dispute for the jury to decide. Bell v. State, 2025 Tex. App. LEXIS 6407 (Tex. App. – Houston (14th Dist.) Aug. 21, 2025).*

Defendant waived appellate review of his cell phone search warrant claim by failing to include the warrant papers in the record for appeal. Journet v. State, 2025 Tex. App. LEXIS 6397 (Tex. App. – Houston (1st Dist.) Aug. 21, 2025).*

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Guam case shows: Don’t cross examine about the CI without a clear goal in mind

This started with a CI for a search warrant, but the hearing on the motion to suppress revealed there were actually three others. That information was outside the “four corners” but it cemented the probable cause. Guam v. Guerrero, 2025 Guam Trial Order LEXIS 162 (Aug. 13, 2025).

Plaintiff was arrested and handcuffed but fled on foot. She fell face first onto the pavement. She claims she was pushed by the officer, but he gets qualified immunity. Sealey v. Mancias, 2025 U.S. App. LEXIS 21223 (5th Cir. Aug. 19, 2025).*

2254 petitioner’s Fourth Amendment claim is barred on habeas under Stone. Allen v. Stange, 2025 U.S. Dist. LEXIS 160681 (E.D. Mo. Aug. 18, 2025).*

There was reasonable suspicion for defendant’s stop, and he consented to the subsequent search. United States v. Smith, 2025 U.S. Dist. LEXIS 160674 (E.D. Mo. Aug. 19, 2025).*

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WA: SW for electronic devices in theft case was overbroad when sexual images were viewed

Defendant was a suspect in thefts. Police seized his briefcase and found electronic devices inside. The search warrant for the electronic devices produced a video of defendant having sex with his incapacitated girlfriend a decade earlier, which led to his prosecution for that. The warrant was overbroad in permitting a search beyond evidence of theft. This became a general warrant. State v. Hampton, 2025 Wash. App. LEXIS 1656 (Aug. 19, 2025):

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NJ: Seeing def enter phone passcode in officer’s presence wasn’t unreasonable seizure

Officer seeing defendant enter cell phone passcode violated no reasonable expectation of privacy or Fifth Amendment right against self-incrimination. State v. Ellison, 2025 N.J. Super. LEXIS 60 (Aug. 19, 2025). Update: NJ Panel Upholds Use Of Phone Passcode Seen By Police – Law360

State wrongful death action was not pled as a Fourth Amendment violation and couldn’t be removed. The fact a prior claim under 1983 was nonsuited didn’t make this a federal claim. Perkins v. Frye, 2025 U.S. App. LEXIS 21090 (8th Cir. Aug. 19, 2025).*

Defendant’s parole stop did not comply with state law, but it was still reasonable for Fourth Amendment purposes. There was reasonable suspicion defendant committed two parole violations. United States v. Doster, 2025 U.S. Dist. LEXIS 159733 (D. Mont. Aug. 18, 2025).

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CA8: Consent still found although def had to be wrestled to be handcuffed because of gun involved

Defendant was a Greyhound passenger from LA to KC, and a dog got a whiff of his fanny pack and alerted. He admitted marijuana was in the bag. Then a gun, which led to a struggle when he wouldn’t keep his hands away from it. Then a search produced fentanyl. The search was still by consent. United States v. Rhodes, 24-2829 (8th Cir. Aug. 19, 2025)*:

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CA3: Incidental conversation during a traffic stop about def’s watch and job didn’t unreasonably extend the stop

Incidental conversation during a traffic stop about defendant’s watch and job didn’t unreasonably extend the stop. United States v. Ross, 2025 U.S. App. LEXIS 21097 (3d Cir. Aug. 19, 2025):

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S.D.Ga.: Nervousness and evasiveness about gun in open carry state was RS

While Georgia is an open carry state, defendant’s evasiveness about having a gun on him and overall nervousness was reasonable suspicion. United States v. Williams, 2025 U.S. Dist. LEXIS 159777 (S.D. Ga. Aug. 18, 2025):

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SCOTUSBlog: The Trump administration puts ethnicity on the court’s emergency docket

SCOTUSBlog: The Trump administration puts ethnicity on the court’s emergency docket by César Cuauhtémoc García Hernandez (“Earlier this month, the Department of Justice filed an emergency request asking the Supreme Court to stay a temporary order from a district court blocking immigration agents in the Los Angeles metropolitan area from using an individual’s ‘apparent ethnicity,’ speaking Spanish or accented English, location, and occupation to determine who might be violating immigration law. To support its arguments in Noem v. Vasquez Perdomo, the DOJ cites a half-century-old decision, United States v. Brignoni-Ponce, which permitted immigration agents to consider an individual’s ethnic appearance in law enforcement actions.”)

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D.Mont.: Asking driver during traffic stop about probationary status not unreasonable

During this traffic stop, the officer asked defendant about his probationary status, and this did not unreasonably extend the stop. It relates to officer safety. United States v. Malloy, 2025 U.S. Dist. LEXIS 159841 (D. Mont. Aug. 18, 2025):

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Reason: Do Cops Still Need a Warrant To Search Your Home in an ‘Emergency’?

Reason: Do Cops Still Need a Warrant To Search Your Home in an ‘Emergency’? by Damon Root (“SCOTUS will soon decide.”):

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Latin Times: Arrest of Mexican Man in Hawaii Shows ICE is Using Remittance Data To Deport Migrants

Latin Times: Arrest of Mexican Man in Hawaii Shows ICE is Using Remittance Data To Deport Migrants by Pedro Camacho (“Critics argue that bulk collection of financial data without a warrant may violate the Fourth Amendment.”) But the third party doctrine? Expand please.

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Bolts: New Orleans May Hand Its Police Live Facial Recognition Tech. Critics Warn It’ll Help ICE.

Bolts: New Orleans May Hand Its Police Live Facial Recognition Tech. Critics Warn It’ll Help ICE. by Piper French:

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Natl. Imm. Law Center: Warrants & Subpoenas: What to Look Out for and How to Respond

Natl. Imm. Law Center: Warrants & Subpoenas: What to Look Out for and How to Respond, fact sheet (Jan. 2025)

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