CA8: Cell phone in hands of drug dealer is nexus

Probable cause for a drug dealer’s cell phone is shown because it’s now commonly a “tool of the trade.” United States v. Jones, 2026 U.S. App. LEXIS 9643 (8th Cir. April 3, 2026):

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D.D.C.: Video surveillance of public housing hallways is like a pole camera with no REP

Plaintiff sued a public housing project which has sophisticated video surveillance but only in common areas. The court holds that it doesn’t rise to the level of the mosaic theory and is more akin to a pole camera. Pondexter-Moore v. D.C. Hous. Auth., 2026 U.S. Dist. LEXIS 69893 (D.D.C. Mar. 31, 2026).

This commercial vehicle inspection resulted in reasonable suspicion the driver was impaired. State v. Welch, 2026 Iowa App. LEXIS 281 (Apr. 1, 2026).*

This search claim that the citizen informant was unpreserved in the trial court, but, what little there is in the record means the issue is going nowhere. Citizen informants are almost always presumptively reliable. State v. Allen, 2026 Iowa App. LEXIS 314 (Apr. 1, 2026).*

There’s no hard and fast rule that a person with a weapon needs to be warned before deadly force will be used. Rosete v. City of Homestead, 2026 U.S. Dist. LEXIS 70901 (S.D. Fla. Mar. 12, 2026).*

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D.D.C.: Walker stopped on street by three officers was without RS

Defendant was stopped walking and surrounded by three officers shining flashlights in his face, and all without reasonable suspicion. Only then did they discover a telling bulge from a weapon. Suppressed. United States v. Wilson, 2026 U.S. Dist. LEXIS 69861 (D.D.C. Mar. 31, 2026).

Seizure of an older Android phone was justified by the warrant. Searcy v. State, 2026 Ind. App. LEXIS 99 (Mar. 30, 2026).*

A controlled buy from defendant’s house within the previous three days was probable cause to believe more would be there. United States v. Mooneyham, 2026 U.S. Dist. LEXIS 69109 (E.D. Tenn. Feb. 2, 2026).*

No particular dog alert is required for the Fourth Amendment. It’s what the totality shows. United States v. Conchas-Mancilla, 2026 U.S. App. LEXIS 9312 (5th Cir. Mar. 31, 2026).*

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W.D.Wis.: Failure to cross a trial witness about a search claim isn’t IAC

Failure to cross-examine a trial witness about a potential Fourth Amendment violation is not ineffective assistance of counsel because a jury trial is not the place to resolve a search claim. Kawleski v. United States, 2026 U.S. Dist. LEXIS 70540 (W.D. Wis. Mar. 30, 2026).

Defense counsel wasn’t ineffective for not better challenging the searches of his car. Counsel raised all the issues that were apparent. Sharp v. United States, 2026 U.S. Dist. LEXIS 68788 (N.D. Ohio Mar. 31, 2026).*

The trial court erred in finding the officer’s unrefuted testimony defendant crossed the centerline justifying the stop. It was raining and night and the video wasn’t clear on anything, thus inclusive. State v. Caughenbaugh, 2026-Ohio-1153 (5th Dist. Mar. 30, 2026).*

“Locked containers” on the premises includes a safe. United States v. Isa, 2026 U.S. Dist. LEXIS 70216 (E.D.N.Y. Mar. 31, 2026).*

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S.D.Ind.: No IAC for not better arguing GFE

Failure to better confront the good faith exception before conviction wasn’t ineffective assistance. Ramirez-Prado v. United States, 2026 U.S. Dist. LEXIS 68941 (S.D. Ind. Mar. 31, 2026):

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CA8: DMV records showing car’s insurance couldn’t be verified justified stop to inquire

DMV records showing car’s insurance couldn’t be verified justified stop to inquire. United States v. Mitchell, 2026 U.S. App. LEXIS 9185 (8th Cir. Mar. 31, 2026).

The police department did not make a valid and enforceable request for text messages from an officer. Moreover, a request for consent that was rejected is not a Fourth Amendment violation. Fla. State Lodge FOP, Inc. v. City of Pembroke Pines, 2026 U.S. Dist. LEXIS 68264 (S.D. Fla. Mar. 30, 2026).*

Defendant moved to suppress warrantless GSR swabbing. Missouri requires a trial objection, too, and there wasn’t one. No plain error review even. State v. Marshall, 2026 Mo. App. LEXIS 236 (Mar. 31, 2026).*

Defendant’s claim that the searching officer admitted mistakenly oversearching another house in another case wasn’t sufficient newly discovered evidence to revisit the suppress motion here. United States v. Howard, 2026 U.S. Dist. LEXIS 67984 (W.D.N.Y. Mar. 30, 2026).*

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CA9: First cell phone warrant was issued day after seizure; second a year later wasn’t unreasonable

The day after defendant’s cell phone was seized, the government obtained a search warrant for it, and the warrant had a 90-day execution provision. Defendant concedes probable cause. The fact it took a year before a second warrant for the search of the phone was not unreasonable. United States v. Barnes, 2026 U.S. App. LEXIS 9251 (9th Cir. Mar. 30, 2026).

The search warrant and affidavit are unsealed except for defendant’s address and DOB. United States v. Legardye, 2026 U.S. Dist. LEXIS 67679 (E.D. Mich. Mar. 30, 2026).*

2255 petitioner’s Fourth Amendment claim was raised and denied originally, and his vague assertions of a Fourth Amendment violation don’t state a claim. Also, his change of plea statement contradicts his habeas petition. Denied. United States v. Garrett, 2026 U.S. Dist. LEXIS 68517 (E.D. Pa. Mar. 31, 2026).*

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MS: By denying living at the place searched, def lacked standing to challenge its search

By denying living at the place searched, defendant lacked standing to challenge its search. Armstrong v. State, 2026 Miss. App. LEXIS 151 (Mar. 31, 2026).

In addition, “Bailey’s non-compliance with the deputies’ commands and expressions of suicidal intent—with an alleged gun, from behind a closed door— supported a reasonable belief that there was a need for force.” Bailey v. Simmons, 2026 U.S. Dist. LEXIS 66985 (N.D. Fla. Mar. 30, 2026).*

“Indeed, the absence of invasive conduct here is notable. A personal seizure usually comes with at least some interrogation, pat-down, express restraint, isolation, securing of the scene, seeking of consent, physical search, or charges, etc. Derosha’s database check and use of Tate’s full name did not approach this level of invasive conduct. And Derosha did not make escalated use of the police vehicle. A reasonable person, trying to tell whether he were free to walk away from an officer in a marked vehicle, would look for the emergency lights or spotlight, listen for the siren or public-address speaker, or see whether the officer exited the vehicle. See Chesternut, 486 U.S. at 575; Hodari D., 499 U.S. at 628 (discussing Brower v. Cnty. of Inyo, 489U.S. 593, 597 (1989)); ….” Tate v. Derosha, 2026 U.S. Dist. LEXIS 67612 (W.D. Va. Mar. 30, 2026).*

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E.D.Tenn.: CI’s being incorrect about which drug was involved wasn’t material

The CI’s being incorrect about which drug was involved isn’t really a Franks violation. United States v. Mooneyham, 2026 U.S. Dist. LEXIS 67746 (E.D. Tenn. Mar. 30, 2026).

Plaintiff reasonably believed that one of the officers was sitting on him during the forced taking of DNA, so that officer doesn’t get summary judgment. Wilkins v. Palomino, 2026 U.S. Dist. LEXIS 66570 (D. Colo. Mar. 27, 2026).*

Plaintiff “has no generalized Fourth Amendment right to ‘feel safe in her own home,’ and the Fourth Amendment protects against unreasonable searches. Lloyd v. Pennsylvania, 2026 U.S. App. LEXIS 9082 (3d Cir. Mar. 30, 2026).*

On the second appeal in this case, enough material facts are in dispute to justify denying qualified immunity (which the court also calls “QI”). Baker v. Coborn, 2026 U.S. App. LEXIS 9064 (5th Cir. Mar. 27, 2026).*

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OH9: Arrest warrant for a co-occupant of the house permitted entry under Payton

Officers had an arrest warrant for a co-occupant of the house, and that permitted their entry under Payton. State v. Cecil, 2026-Ohio-1100 (9th Dist. Mar. 30, 2026).

The record on who actually consented or had apparent authority is incomplete, and that denies relief. State v. Lirette, 2026 La. App. LEXIS 565 ( La. App. 5 Cir Mar. 27, 2026).*

An interlocutory appeal of denial of a suppression order is denied. “Neither the trial court nor the Defendant highlights any inconsistent orders or opinions on the issue, however. Again, appellate review of the trial court’s ruling can occur upon entry of final judgment, if necessary. This Court has repeatedly held that Rule 9 is not an appropriate vehicle for obtaining an advisory opinion on an issue which would otherwise be available for review later on direct appeal.” State v. Abernathy, 2026 Tenn. Crim. App. LEXIS 166 (Mar. 30, 2026).* Similar is State v. Faulkner, 2026 Tenn. Crim. App. LEXIS 165 (Mar. 30, 2026).*

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CA7: A temporary “want” not based on PC or a judicial determination wasn’t a basis for entry

The city here uses a “temporary” want, not based on probable cause, to enter plaintiff’s home. Plaintiff stated a claim for failure to train that a warrant is required, not something based on the officer’s action. Milbeck v. George, 2026 U.S. App. LEXIS 9090 (7th Cir. Mar. 30, 2026).

Radar confirmed defendant was speeding, and lack of video evidence doesn’t warrant suppression. United States v. Perez-Mejia, 2026 U.S. Dist. LEXIS 65927 (D. Minn. Feb. 9, 2026).*

CoA denied. One issue is a Franks claim, but the petition wasn’t timely. Castle v. United States, 2026 U.S. App. LEXIS 9028 (6th Cir. Mar. 27, 2026).*

2255 petitioner’s claim his cell phone was searched without a warrant fails. The first mention of that was in the government’s brief on direct appeal saying the phone was searched with a warrant. Reynoso v. United States, 2026 U.S. Dist. LEXIS 66211 (D.N.M. Mar. 26, 2026).*

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IA: Backpack carried into premises by visitor just before SW executed was within scope of warrant

Police were watching a Des Moines house waiting to execute a search warrant. Defendant showed up and entered the house with a backpack. Then they entered on the warrant. The backpack was within the particular description in the warrant. When the police entered, the backpack was in a corner of the room on the floor. Ybarra dealt with the search of a person on the premises, but this was a container on the premises within the scope of the warrant. If it were on him, the result likely would have been different. (Incidentally, defendant disclaimed ownership of the backpack. Abandonment is discussed but not relied upon.) State v. Porter, 2026 Iowa Sup. LEXIS 37 (Mar. 27, 2026):

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AL: No RS for pulling up behind legally parked car with blue lights on to inquire; smell of MJ suppressed

There was no reasonable suspicion for defendant’s stop in a residential neighborhood when he was lawfully parked and doing nothing wrong. The officer pulled behind him with emergency lights on. That’s not always a seizure, but here it was. When the car door was opened, the officer smelled marijuana. D.D.B. v. State, 2026 Ala. Crim. App. LEXIS 11 (Mar. 27, 2026).

The affidavit for warrant fairly showed probable cause for a search warrant for money laundering. The warrant affidavit was based on the criminal complaint. The good faith exception would apply in any event. United States v. Patel, 2026 U.S. Dist. LEXIS 65657 (S.D.N.Y. Mar. 27, 2026).*

Plaintiff’s speeding in a construction zone was probable cause for his stop. Nichols v. Martinez, 2026 U.S. Dist. LEXIS 65849 (N.D. Ill. Mar. 27, 2026).*

Petitioner’s 2254 Franks claim by a motion to reconsider is denied. That’s not the vehicle. Besides, he points only to the trial court’s holding in an unpublished state appeal that is procedurally different and just inapplicable. [Stone not mentioned.] McCray v. Truitt, 2026 U.S. Dist. LEXIS 65855 (N.D. Ill. Mar. 27, 2026).*

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E.D.Pa.: “computer(s), smart device(s), cellular phone(s), gaming console hardware(s), software, digital storage media, and their associated peripherals” is particular

In a child pornography case, “computer(s), smart device(s), cellular phone(s), gaming console hardware(s), software, digital storage media, and their associated peripherals” is particular enough. United States v. Margerum, 2026 U.S. Dist. LEXIS 65406 (E.D. Pa. Mar. 26, 2026):

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PA: Having a gun in your car is not RS, but lying about not having one is when the officer sees it

Even a collection of innocent facts can be reasonable suspicion on the totality. Here, defendant’s lie about being armed in his car was reasonable suspicion. If the only issue was possession of a firearm, precedent says that’s not reasonable suspicion. But, lying about not having a gun, and then getting out of the car with one sticking out of your pocket is reasonable suspicion. Commonwealth v. Toliver, 2026 PA Super 63 (Mar. 26, 2026):

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CNN: Police used AI facial recognition to arrest a Tennessee woman for crimes committed in a state she says she’s never visited

CNN: Police used AI facial recognition to arrest a Tennessee woman for crimes committed in a state she says she’s never visited by Zoe Sottile (“A Tennessee grandmother spent more than five months in jail after police used an AI facial recognition tool to link her to crimes committed in North Dakota – a state she says she’d never been to before. Police in Fargo, North Dakota, have acknowledged ‘a few errors’ in the case and pledged changes in their operations but stopped short of issuing a direct apology.”)

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CA6: Occasionally spending the night at the place searched doesn’t give standing

Occasionally spending the night at the place searched doesn’t give standing. United States v. Carney, 2026 U.S. App. LEXIS 8792 (6th Cir. Mar. 24, 2026).

There was no reasonable suspicion for defendant’s frisk, and the gun found is suppressed. United States v. Johnson, 2026 U.S. Dist. LEXIS 64925 (D. Colo. Mar. 26, 2026).*

Where there are no material facts in dispute, an evidentiary hearing isn’t required. United States v. Correa-Morales, 2026 U.S. Dist. LEXIS 65082 (D.P.R. Mar. 25, 2026).*

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OR: A year of public internet portal monitoring required a warrant under OR Const.

A year of monitoring of internet use at a public portal where the company providing the portal cooperated with the police was state action. “[T]he state’s year-long surveillance of defendant’s internet activities was a search under Article I, section 9.” 255,723 webpage visits were viewed by the state without a warrant. State v. Simons, 375 Or. 70 (Mar. 26, 2026), rev’g 329 Ore. App. 506, 508, 540 P.3d 1130 (2023):

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E.D.Va.: Military search authorization was sufficiently particular for use in federal court

The military search authorization here was sufficiently particular and works in federal court. United States v. Guinsler, 2026 U.S. Dist. LEXIS 63922 (E.D. Va. Mar. 25, 2026). (§ 52.39 n.3).

The state stipulated to a false fact in the search warrant affidavit, but the court finds that it isn’t material. State v. Brown, 2026 S.C. App. LEXIS 29 (Mar. 25, 2026).*

Defendant didn’t show he had enough connection to this rented car to have standing. United States v. Ilori, 2026 U.S. App. LEXIS 8818 (2d Cir. Mar. 26, 2026).*

A mental health commitment has to be based on probable cause and it also implicates the due process clause. This was on probable cause. Andrews v. N.Y.C. Health, 2026 U.S. Dist. LEXIS 64196 (S.D.N.Y. Mar. 6, 2026).*

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OH8: Smell of MJ in car alone no longer PC

The smell of marijuana in a car alone isn’t probable cause in Ohio anymore because of legalization, quoting State v. Gray, 2025-Ohio-4607, ¶ 61 (1st Dist. Oct. 3, 2025). State v. Tucker, 2026-Ohio-1045 (8th Dist. Mar. 26, 2026).

Challenging only the legal sufficiency of the warrant doesn’t entitle defendant to an evidentiary hearing. United States v. Virgen, 2026 U.S. Dist. LEXIS 63086 (C.D. Cal. Mar. 19, 2026).*

Defendant’s arrest was justified by probable cause. The further search was attenuated from the arrest anyway. United States v. First, 2026 U.S. Dist. LEXIS 63392 (D. Mont. Mar. 25, 2026).*

The lack of a video doesn’t make the traffic stop invalid. The officer’s testimony is credited. United States v. Perez-Mejia, 2026 U.S. Dist. LEXIS 64231 (D. Minn. Mar. 26, 2026).*

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