Defendant consented to a search when officers encountered him in midday, parked next to him, and asked to talk to him. United States v. Dawson, 2008 U.S. App. LEXIS 26897 (4th Cir. December 31, 2008), quoting United States v. Weaver, 282 F.3d 302, 309-10 (4th Cir. 2002)* (unpublished):

[g]enerally speaking, a "seizure" warranting protection of the Fourth Amendment occurs when, in view of the totality of the circumstances surrounding the "stop," a reasonable person would not feel free to leave or otherwise terminate the encounter. Because the test is an objective one, its proper application is a question of law. Circumstances where the citizen would feel free to go, but stays and has a dialogue with the officer, are considered consensual, and therefore do not implicate the Fourth Amendment. While most citizens will respond to a police request, the fact that people do so, and do so without being told they are free not to respond, hardly eliminates the consensual nature of the response. In applying the totality of the circumstances test, courts look to numerous factors including the time, place and purpose of the encounter, the words used by the officer, the officer's tone of voice and general demeanor, the officer's statements to others present during the encounter, the threatening presence of several officers, the potential display of a weapon by an officer, and the physical touching by the police of the citizen.

The NYC Taxicab and Limousine Commission is seriously considering video recording passengers in NYC Taxicabs, according to a posting yesterday afternoon on the City Blog on NYTimes: A ‘Black Box’ for Taxicabs?:

You may be recorded.” Soon, a select group of New York City yellow taxicabs will be marked with decals bearing that message.

As part of a data-collection experiment, the New York City Taxi and Limousine Commission will install windshield-mounted cameras, similar to the “black boxes” in aircraft, that will record data on vehicle use, road accidents and other information in and around the city’s yellow taxicabs.

The information about the cameras has been making the rounds of the Internet, including a Web site known as YellowCabNYC. The Daily News, which reported on the pilot project, described the initiative as a form of surveillance, but officials at the Taxi and Limousine Commission disputed that term.

A seven-page presentation [pdf] [dated 12/18/08] released by the commission said the windshield-mounted cameras, under the model name MacBox III, were proposed by a manufacturer, Drivequest Technologies.

Las Vegas has required this for years. You can see them in the cabs.

As one of the comments says:

“Of course you can continue to have sex in NYC cabs. It will just be recorded.”
— coco

In 2007, the S.D. N.Y. upheld a TLC requirement of GPS transmitters in cabs, posted here.

The parole search here was justified by reasonable suspicion under Samson (if necessary). Defendant was a regular absconder. He also failed to put on any proof of a reasonable expectation of privacy in the premises where he was found. Evidence found resulted in a new case. Commonwealth v. Hunter, 2008 PA Super 294, 2008 Pa. Super. LEXIS 4376 (December 31, 2008).*

Officers had reasonable suspicion to stop defendants for matching description of suspects shortly after crime report. Commonwealth v. Acevedo, 2009 Mass. App. LEXIS 4 (January 5, 2009)*:

In the case at bar, the judge found that the specific facts on which the detectives based the stop of the defendant were the broadcast received by the detectives, the proximity of the suspects to the scene of the crime, the minor lapse of time (three minutes) between the report of the crime and Lyons's observation of the suspects, and the fact that one of the two suspects was wearing white Converse sneakers. In addition, and of great significance, was the fact that here, unlike the situation in Cheek, the judge found that the suspects were the only persons seen by the detectives "who generally fit the description given via the radio dispatch." Viewing the circumstances as a whole, we agree with the motion judge that the stop was proper and the evidence secured therefrom admissible.

The facts justified a warrantless entry to secure the premises pending getting a warrant based on a man going inside with a gun report and other highly suspicious activity indicative of a crime inside. State v. Motley, 2008 Ohio 6937, 2008 Ohio App. LEXIS 5835 (9th Dist. December 31, 2008)*:

[*P14] In its decision denying Motley's motion to suppress, the trial court stated that the officers responded to a call from Motley's neighbor who observed a male with a gun enter 664 Blaine, a known drug house. Shortly before receiving this call, Officer Hankins arrested a man who had purchased drugs from 664 Blaine. The court stated that the outside of the house "was fraught with indicia of drug dealing" including covered windows and video surveillance equipment. As the officers approached the door, a female flung the door open, after exclaiming her frustration that the surveillance camera had been manipulated to conceal the identity of the individual(s) standing behind the door. The officers observed two males run away from the door. Once inside the apartment, the officers observed a gun as well as other contraband. The officers obtained a warrant before searching the residence. The trial court held that, in light of the totality of the circumstances, the officers had probable cause for a warrantless entry.

Defendant's guilty plea and prior losing of a motion to return property in a criminal case was res judiciata to a later action for return of seized property. State v. Dudas, 2008 Ohio 6983, 2008 Ohio App. LEXIS 5808 (11th Dist. December 31, 2008).

Looking under the hood was within the scope of consent. There, reasonable suspicion or even probable cause had developed. Pincherli v. State, 2008 Ga. App. LEXIS 1409 (December 31, 2008).*

Officer's failure to disclose that defendant a piece of paper in his mouth when it took a PBT was not material to the finding of probable cause, and the trial court's finding of a Franks violation was clearly erroneous. People v. Mullen, 2008 Mich. App. LEXIS 2581 (December 23, 2008).*

A week ago was "NLJ on CA6's Davis's fuzzy dice" posted here. This is about United States v. Davis, 2008 U.S. App. LEXIS 25757 (6th Cir. December 19, 2008), posted here, holding that the Michigan statute on things hanging from a vehicle mirror was unconstitutional, but the search there was valid under DeFillippo and Krull. I see on NLJ again that the 6th Circuit has withdrawn the opinion.

Defendant's arrest was based on an invalid state warrant that clearly failed to show probable cause. Thus, the court had to determine whether the arrest was valid as a warrantless arrest. There was probable cause for the arrest, but Payton was implicated. The exclusionary rule would not be applied, however, because the search was attenuated from the unlawful arrest. United States v. Alfaro, 2008 U.S. Dist. LEXIS 105535 (S.D. Ohio December 24, 2008):

Considering these factors, the Court notes that there were no significant intervening circumstances in the instant case. Nor did a significant amount of time pass between Alfaro's arrest and his grant of consent. However, the Court finds that in the instant case, the remaining two factors tilt the scales toward finding that the causal chain was broken. First, Alfaro was read his Miranda rights prior to consenting to the search and that Alfaro indicated that he understood those rights. Second, as to the flagrancy of the misconduct, the Court finds that the officers did not act with a blatant disregard for the law. The arresting officers relied upon warrants approved by a judicial officer in Ohio. The arresting officers were not present when the warrants were secured, and therefore had no idea what Officer Crock stated to the judge when applying for the warrants or whether any affidavits separate from the complaints were provided. Instead, they believed that they had probable cause to arrest Alfaro and that valid warrants had been secured. As such, the officers were entitled to rely upon the warrants in good faith and the arrest of Alfaro was not an egregious violation of his rights.

School earch was not excessive or overly intrusive where school official felt inside wasteband of defendant's pants. Search was otherwise justified. In re A. H. A., 2008 Tex. App. LEXIS 9715 (Tex. App.—Austin December 30, 2008).*