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Criminal Law

Fourth Amendment

Case updates with news and views on the law of search and seizure and arrest and detention, including the Fourth Amendment and state law.
By John Wesley Hall, Jr.

Post Frequency: 41.7/day

Last Entry: April 01, 2011 at 08:26:14

OH12: Officers with a SW could also check VINs of vehicles on property

Posted on March 04, 2009
Officers had a search warrant for defendant's premises, and evidence of drugs and possession of stolen cars was found. Officers were not precluded under the warrant from looking at the VINs of vehicles parked on his property. State v. Messer, 2009 Ohio 929, 2009 Ohio App...

GA: Shots fired and door broken down justified emergency entry

Posted on March 04, 2009
Defendant was parked outside a closed gas station at 8 pm. The officer drove around the building and the car was gone. The officer stopped the car, and marijuana was found. Viewing the totality of the circumstances objectively, even though it was 8:00 p...

CA4: Inventory of vehicle with guns in plain view was proper when defendant found in medical distress and had to go to hospital

Posted on March 02, 2009

Herring in extremis: East Tennessee Sheriff wants to serve 80 year old arrest warrant, without looking to see whether it was already served

Posted on March 01, 2009

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W.D.Wis.: Herring did not apply to vital fact about premises being two apartments that DEA failed to tell executing officers

Posted on March 01, 2009

CA8: Photographing tattoo on bare breast at book-in was reasonable

Posted on March 01, 2009

M.D. Ga.: Law firm search warrant permitted seizure of all electronic equipment for later search

Posted on February 28, 2009

IN: Calling pharmacist to determine what pills seen during an inventory were was not a seizure

Posted on February 28, 2009

W.D.Pa.: Officers' false statement they were investigating identity theft to get access to defendant's computer in child porn investigation voided search

Posted on February 27, 2009

CA11: Officers' killing of plaintiff's decedent was sufficiently reasonable under the circumstances for qualified immunity

Posted on February 27, 2009

W.D.Tenn.: Girlfriend with security code to storage building had apparent authority to consent

Posted on February 26, 2009
Defendant's failing a probation UA justified a probation search of his premises. United States v. Crews, 2009 U.S. Dist. LEXIS 13360 (W.D. Pa. February 20, 2009). Seventh Circuit jail strip search law is well settled, and the fact the Eleventh Circuit questioned in 2008 one of the Seventh Circuit's leading case does not mean that the Seventh Circuit will change its position...

UT: Record failed to show grounds for drug testing of juvenile's parents in delinquency proceeding

Posted on February 26, 2009

All Writs Act permits court order for fingerprints

Posted on February 26, 2009

MD: State failed to show search of bag was required rather than its patdown

Posted on February 25, 2009
While a gym bag may have been subject to a Terry patdown for a weapon based on the defendant's conduct, it was incumbent on the state to produce it and show why a search of the bag was necessary instead. McDowell v. State, 2009 Md. LEXIS 13 (February 19, 2009), rev'g McDowell v...

Atlanta drug raid shooting case about to reach sentencing

Posted on February 24, 2009
Nearly two years ago, officers pled guilty in the botched Atlanta drug raid that led to the death of Kathryn Johnston. Sentencing approaches and Ex-cops apologize for deadly drug raid ahead of sentencing. Proceedings continue today. From CNN.com which paints an ugly picture of false affidavits for search warrants: Smith, Junnier and Tesler pleaded guilty to federal charges of conspiracy to violate civil rights resulting in death...

PBSO to seek blood draws and DUI checkpoints

Posted on February 24, 2009
From a reader: The Palm Beach County Sheriff's Office plans to draw blood from DUI suspects who refuse a breath test at checkpoint stops. PBSO Plans To Draw Blood At DUI Checkpoints. PBSO deputies plan to set up driving under the influence checkpoints...

CA6: PC explosives were in a storage building allowed the officers to tell the unit owner to see if he would open it

Posted on February 24, 2009
Officers reacted reasonably to their belief that there were explosives in a storage unit. While they talked to the storage company operator and he opened it, they could look inside without entering and they saw boxes marked "explosives." A dog was called to sniff for explosives, and drugs were found...

E.D. Mich.: Officer's statement in SW affidavit that they could see in the apartment from hallway was false, so no PC

Posted on February 23, 2009
Defendant's version of events that included highly improbable things led to the District Court not believing the defense version of the stop. United States v. Yancy, 2009 U.S. Dist. LEXIS 13021 (E.D. Ark. February 13, 2009).* Defendant's cell phones were seized under a search warrant, and the delay in searching them was reasonable...

IA: Parole agreement permitted suspicionless searches under Samson

Posted on February 22, 2009
Defendant's parole agreement provided for suspicionless searches, and that was valid under Samson. State v. Ochoa, 2009 Iowa App. LEXIS 125 (February 19, 2009).* Defendant's wife had apparent authority to consent even though defendant padlocked the door to the storage area a couple of days before she consented...

E.D.Mich.: Summers permits stops of defendants away from the premises

Posted on February 22, 2009
Stopping defendant a few blocks away from the residence to be searched was valid under Summers, even though in Summers the defendant detained was coming down the front steps. A marked police car was needed for the stop, and it took awhile to show up. United States v...

Cal.1st: GPS monitoring of juvenile probationers was reasonable

Posted on February 22, 2009
GPS monitoring of a juvenile probationer was reasonable; if it can be done for adults, it can be done for juveniles. In re R.V., 2009 Cal. App. LEXIS 183 (1st Dist. February 19, 2009): GPS monitoring is expressly authorized by statute for adult probationers (Pen...

Tulsa first U.S. airport with only body scanners

Posted on February 22, 2009
The Tulsa airport is the first in the nation with only backscatter body scanners that can see you under your clothes. The Tulsa World noted it was received "without complaint" by travelers. From Gadling: It was only a matter of time - the first airport in the nation has switched to full body scanners as a replacement for the usual metal detector at the checkpoint...

OH7: Defendant was handcuffed on an old warrant, released when it was found to be recalled, and then he validly consented

Posted on February 22, 2009
"[S]trip searches carried out in non-secluded areas of prisons and in the presence of prison employees of the opposite sex are not unconstitutional." Tuft v. Chaney, 2009 U.S. Dist. LEXIS 12860 (S.D. Tex. February 17, 2009).* Probable cause was shown for seizure of DNA evidence in a bank robbery case...

IL: Stop was without basis; a reasonable person would not consider himself free to leave watching officers search his car

Posted on February 21, 2009
Defendant's call for police assistance at his house and then inviting them in was not a Fourth Amendment issue. United States v. Jackson, 2009 U.S. Dist. LEXIS 11764 (N.D. W.Va. February 9, 2009).* Defendant's stop was unjustified. They had no arrest or search warrant and did not observe defendant commit an offense...

IL: Use of an old warrant list obviates Herring

Posted on February 21, 2009
Where the police intentionally used an old warrant list, they could not rely on Herring to avoid application of the exclusionary rule. People v. Morgan, 2009 Ill. App. LEXIS 46 (February 9, 2009): In this case, the State failed to meet its burden of proof that the good-faith exception should apply, and exclusion was the proper remedy...

S.D. Miss.: Scrap metal buyers are closely regulated under Burger

Posted on February 20, 2009
Scrap metal business under Mississippi law is a closely regulated business where the buyer of scrap is required to gather information from sellers and turn over the information on reasonable demand from law enforcement. The likelihood of success of plaintiff's suit on the merits is not good...

D.S.D.: 24 hr detention of suspected illegal alien was reasonable

Posted on February 20, 2009
Credibility determination goes to the officer on consent where the defendant lied twice during the stop. State v. Jones, 2009 Ohio 670, 2009 Ohio App. LEXIS 577 (9th Dist. February 17, 2009).* When the officer approached a group of men, one stepped back and through a baggie of crack up on to the roof of a garage...

LA1: Being confronted on street by uniform officers saying they were checking warrants was a seizure

Posted on February 20, 2009
Defendant was seized when he was confronted by SWAT officers on a street sweep who asked him for ID and told him they were checking wants and warrants. State v. Bozeman, 2009 La. App. LEXIS 216 (La.App. 1 Cir. February 13, 2009): Based on the foregoing, we find the defendant was seized pursuant to an investigatory stop...

E.D. Va.: Stop of a car on a road at the edge of an otherwise closed military base justified by the closed nature of the whole base

Posted on February 19, 2009
Defendant's stop on a road on the edge of Quantico Marine Base was justified because Quantico is a closed military base as a whole, even though this particular road would seem not to be. United States v. Guajardo, 2009 U.S. Dist. LEXIS 11410 (E.D. Va...

CA6: Officer lacked RS of drug activity, but dog sniff of car still valid

Posted on February 19, 2009
Officer did not have reasonable suspicion defendant was a drug courier on the totality of innocuous facts. We first observe that the Officers did not have reasonable suspicion to hold Bell beyond the time reasonably required to fulfill the purposes of the initial stop for the speeding violation...

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