{"id":60905,"date":"2025-04-25T05:50:00","date_gmt":"2025-04-25T10:50:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60905"},"modified":"2025-04-26T06:28:51","modified_gmt":"2025-04-26T11:28:51","slug":"ca3-plain-feel-of-apparent-drugs-supported-seizure-from-his-pocket","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60905","title":{"rendered":"CA3: Plain feel of apparent drugs supported seizure from def&#8217;s pocket"},"content":{"rendered":"\n<p>Defendant doesn\u2019t challenge the stop or the frisk, just the seizure of the baggie of drugs that the officer felt in his \u201cwatch pocket.\u201d The officer could tell what it was by its feel. Affirmed. United States v. Williams, 2025 U.S. App. LEXIS 9621 (3d Cir. Apr. 23, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s cell phone search in Malaysia isn\u2019t shown to be a search by the U.S. Government, even though the phone was sent to NYC for prosecution. The delay in the return wasn\u2019t unreasonable. United States v. Hiya, 2025 U.S. Dist. LEXIS 76609 (S.D.N.Y. Apr. 21, 2025).<\/p>\n\n\n\n<p>The police were sufficiently involved in the private search of defendant\u2019s motorcycle saddlebag at work that it qualifies as a state search. People v. Tomasello, 2025 NY Slip Op 50570(U), 2025 N.Y. Misc. LEXIS 2514 (Erie Co. Apr. 2, 2025).*<\/p>\n\n\n\n<p>Plaintiff was at a Texas fitness center with her child when police in tactical gear showed up to execute a DNA warrant from Louisiana, taking her into custody and removing her to a police station instead of just taking the DNA sample. They get qualified immunity because plaintiff can\u2019t point to a case in point. Bass v. Jackson, 2025 U.S. Dist. LEXIS 76786 (E.D. Tex. Mar. 25, 2025).* (This isn\u2019t going in the supplement because: (a) it\u2019s qualified immunity [which needs to be done away with, and this is one reason why], and (b) it\u2019s just wrong [one shouldn\u2019t need a case exactly on point when it\u2019s intuitively just bad]. She can\u2019t even move to suppress in a criminal case because she hasn\u2019t been charged.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant doesn\u2019t challenge the stop or the frisk, just the seizure of the baggie of drugs that the officer felt in his \u201cwatch pocket.\u201d The officer could tell what it was by its feel. Affirmed. United States v. Williams, 2025 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60905\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[97,51,43,40,4],"tags":[],"class_list":["post-60905","post","type-post","status-publish","format-standard","hentry","category-foreign-searches","category-plain-view","category-private-search","category-qualified-immunity","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60905","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=60905"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60905\/revisions"}],"predecessor-version":[{"id":60909,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60905\/revisions\/60909"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60905"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60905"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60905"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}