Defendant was a friend of the family, and he came over to install an additional security camera inside the house. Later, that camera caught him sexually assaulting one of the girls. He had no reasonable expectation of privacy despite spending the night there on occasion, including this one. The recording didn’t violate the state eavesdropping statute. Baughcum v. State, 2026 Ga. App. LEXIS 239 (May 13, 2026).*
Continuing a knock-and-talk at a domestic disturbance and finally entering was all supported by exigency. Meyer v. State, 2026 Ind. App. LEXIS 162 (May 12, 2026).*
There is no confrontation right to cross-examine the CI who did the buy that led to the warrant who never testified at trial. United States v. Geer, 2026 U.S. Dist. LEXIS 105511 (N.D. Ohio May 13, 2026).*
Defendant was seized when he was blocked by officers when he was walking, not just when he was taken down to the sidewalk. Greer v. United States, 2026 D.C. App. LEXIS 168 (May 14, 2026).
Defendant was stopped because his LPN was expired. Then the officer found his DL was also expired. The car was going to be towed, and the inventory was valid. Hinton v. Commonwealth, 2026 Va. App. LEXIS 276 (May 12, 2026).*
Defendant was handcuffed and in custody during execution of the search warrant for his place. His statements then were voluntary. United States v. Vélez, 2026 U.S. Dist. LEXIS 105108 (D.P.R. May 8, 2026).*
Posted inCustody, Inventory, Seizure|Comments Off on DC: Def seized when blocked on sidewalk not just taken down
An interesting opinion on appellate practice: The issue here: Whether the state waived one of its two arguments for sustaining a search by not appealing it. The court concludes it did not. Remanded. State v. Young, 2026 Tex. Crim. App. LEXIS 326 (May 14, 2026)*:
Defendant wasn’t in custody in a murder investigation when officers obtained a DNA sample from him in 2019, they believed voluntarily. As the case came closer to trial, the defense moved to suppress it because he’d lawyered up, so they thought. Using only the 2019 pre-DNA information, officers obtained a DNA search warrant two weeks before trial. This warrant was valid by independent source and inevitable discovery. State v. Cornish, 2026 S.C. App. LEXIS 34 (May 13, 2026):
Posted inDNA, Independent source, Inevitable discovery|Comments Off on SC: DNA sample by SW two weeks before trial was independent of one three years earlier during investigation
“‘[C]onsistent with the Fourth Amendment, immigration authorities may arrest individuals for civil immigration removal purposes pursuant to an administrative arrest warrant issued by an executive official, rather than by a judge.’ Gonzalez v. U.S. Immigr. & Customs Enf’t, 975 F.3d 788, 825 (9th Cir. 2020) (citing Abel v. United States, 362 U.S. 217, 230-34, 80 S. Ct. 683, 4 L. Ed. 2d 668 (1960)).” Smith v. Hernandez, 2026 U.S. Dist. LEXIS 105969 (W.D. Wash. May 13, 2026).*
Defendant’s guilty plea waived his Fourth Amendment claim. He would lose on the merits anyway because the basis of knowledge of the CI was shown. People v. Delrio, 2026 NY Slip Op 02937, 2026 N.Y. App. Div. LEXIS 3111 (1st Dept. May 12, 2026).*
A check was found during a probation search, and it is not suppressed. The fact “papers” are mentioned in the Fourth Amendment doesn’t give them any special meaning in this context. United States v. Luc, 2026 U.S. Dist. LEXIS 104901 (E.D.N.Y. May 12, 2026).*
This administrative subpoena for Rhode Island children’s medical records is quashed. DOJ’s presumption of regularity of its actions is now gone. In re Administrative Subpoena 25-1431-032 to R.I. Hosp., 2026 U.S. Dist. LEXIS 105676 (D.R.I. May 13, 2026) (Update: ATL: DOJ Gets Nuked By RI Judge For ‘Appalling’ Lack Of Candor by Liz Dye). From the case:
Defendant was raided by the federal government for alleged cockfighting, and he claimed that “80-100” officers showed up “with bullet proof cars and ‘one of those war tanks.’” The product of the raid was given over to the state and the government passed on the case. The federal government refused to give the warrant and its application to the state to prosecute. The motion to suppress was denied by the trial court relying on the good faith exception. On appeal, it is granted. The lack of a warrant in the record puts the burden on the state, and it doesn’t carry it, not even on good faith. Cabrera v. State, 2026 Fla. App. LEXIS 3678 (Fla. 3d DCA May 13, 2026).
On the totality, reasonable suspicion developed during the traffic stop on collective knowledge to continue it for two more minutes until the drug dog arrived. United States v. Trent, 2026 U.S. App. LEXIS 13410 (6th Cir. May 7, 2026).*
Defendant didn’t make a clear record of how long it took the drug dog to get to his traffic stop for Rodriguez purposes. But, it doesn’t matter because there was reasonable suspicion of a felony at the conclusion of the tasks of the stop. Schwartz v. State, 2026 Ark. App. 305 (May 13, 2026).*
Posted inAdmissibility of evidence, Dog sniff, Reasonable suspicion|Comments Off on FL3: Feds raided with SW but wouldn’t provide state with affidavit or warrant; state fails in burden of proving search was valid, even pleading GFE
It was improper for the prosecutor to question the arresting officer about the judge finding probable cause and issuing the arrest warrant. But, it was not so flagrant here to require reversal. State v. Aragon, 2026 N.M. LEXIS 81 (May 11, 2026): https://nmonesource.com/nmos/nmsc/en/538190/1/document.do
Posted inArrest or entry on arrest|Comments Off on NM: Prosecutor’s question about PC for arrest warrant being found improper, but not reversible error here
Motorcycles under lien were seized as evidence in a biker shootout. The finance company sued under the Fourth Amendment and the due process clause of the Fourteenth Amendment. Deprivation of property as criminal evidence is not a violation of due process or the Fourth Amendment. Am. Acceptance Corp. of SC v. Gietz, 2026 U.S. App. LEXIS 13629 (4th Cir. May 12, 2026):
ICE issued a subpoena to the Orleans Parish Criminal Sheriff for information about detainees’ immigration status. After oral argument, the subpoena was narrowed, and it now complies with Morton Salt which “incorporates the Fourth Amendment reasonableness standard that applies to administrative subpoenas.” United States v. Woodfork, 2026 U.S. Dist. LEXIS 103908 (E.D. La. May 11, 2026).
Officers had a search warrant for defendant’s house. A drug dog alerted on his car parked in the curtilage. The search of the car was justified by the dog alert. [And likely would have been under the warrant anyway.] State v. Desarro, 2026-Ohio-1672 (7th Dist. May 7, 2026).*
In a 2255, omission of the homeowner’s name in a search warrant is not a constitutional error that defense counsel should have raised. Besides, it’s not in the record. United States v. Holland, 2026 U.S. Dist. LEXIS 102835 (W.D. La. May 7, 2026).*
Defendant’s claim of “reverse stalking horse” parole search because the PO wasn’t present fails. There was reasonable suspicion for the search. United States v. Rose, 2026 U.S. Dist. LEXIS 103581 (E.D. Tenn. May 11, 2026).
The government gets the credibility determination of the officers that there was reasonable suspicion to believe defendant was armed when he was seen by officers. Two of three mentioned the gun in reports, but they didn’t compare notes. It’s not really visible in the video. United States v. Cabán-Cancel, 2026 U.S. Dist. LEXIS 102872 (D.P.R. May 7, 2026)
Probable cause is not an element of refusal of a BAC test, and there was no motion to suppress filed here. City of Bismarck v. Herrera, 2026 ND 97 (May 7, 2026).*
Minnesota declines to adopt a subjective intent for the emergency aid exception under the state constitution. State v. Gale, 2026 Minn. App. LEXIS 195 (May 11, 2026).*
Denial of rehearing en banc: United States v. Watkins, 2026 U.S. App. LEXIS 13495 (10th Cir. May 11, 2026),* denial of rehearing en banc from United States v. Watkins, 156 F.4th 1049 (10th Cir. 2025):
There was a lack of nexus to cell phone to this alleged crime which voids the search warrant for it, and the good faith exception does not apply. Just having a cell phone on one’s person doesn’t link it to their alleged crime. People v. Cumberbatch, 2025 VI 7, 2026 V.I. Supreme LEXIS 12 (May 8, 2026):
The protective sweep of defendant’s room is suppressed because the government articulates no reasonable suspicion to believe anyone else was in there. Delay in opening the door isn’t it. Searching between the mattress and box springs was also unreasonable. Waiting eight months to execute an arrest warrant wasn’t unreasonable. The government fails in showing inevitable discovery. United States v. Cleckley, 2026 U.S. Dist. LEXIS 101993 (D. Md. May 8, 2026).
“The stop and seizure of Melton did not violate the Fourth Amendment since the officers performed community caretaking functions initially, and Melton’s stopped vehicle constituted a traffic violation that along with the officers’ knowledge of a probation violation warrant associated with a weapons charge for the registered owner of the vehicle, provided the officers with justification to open the vehicle doors, help remove Melton from the vehicle and further investigate to confirm the warrant.” United States v. Melton, 2026 U.S. Dist. LEXIS 102142 (N.D. Ohio May 8, 2026).*
Defendant filed a Franks motion that was previously denied for lack of materiality. With some new evidence, he filed another one, but this is denied as conclusory and doesn’t overcome the prior holding. United States v. Hardison, 2026 U.S. Dist. LEXIS 102503 (E.D. Tenn. May 8, 2026).*
A DTF officer surveilling defendant who saw a traffic offense could ask a marked car to make a traffic stop. State v. Streeter, 2026-Ohio-1668 (5th Dist. May 5, 2026).*
In the Fulton County 2020 ballot seizure and return case, the government pleads law enforcement and deliberative process privileges. They have to answer some questions first by the next day. Pitts v. United States, 2026 U.S. Dist. LEXIS 100885 (N.D. Ga. Apr. 30, 2026).*
Through a convoluted series of “wild goose chases” for defendant’s phone allegedly with texts about sex with a minor on it, defendant said it was home and then his car, and officers got a warrant for each “assiduously” finding no phone. One officer found it at his work in a work drawer labeled with his name and brought it out. He had a reasonable expectation of privacy in the draw, but the seizure of the phone for a later warrant was the product of an independent source. They would have ultimately found it. No suppression. State v. Chandler, 2026 Tenn. Crim. App. LEXIS 258 (May 7, 2026).*
Defendant doesn’t show judicial bias at trial because the trial judge issued the search warrant two years earlier and didn’t remember it until during trial. No affidavit of bias filed. State v. Baker, 2026-Ohio-1628 (5th Dist. May 5, 2026).
The government’s warranted use of a Stingray to locate him was a search, and it was reasonable, and, if not, in good faith. United States v. Jason, 2026 U.S. Dist. LEXIS 99286 (E.D. Pa. May 4, 2026).
Coming to court six times for a traffic ticket was not an unlawful seizure. Tarharka v. Delius, 2026 U.S. Dist. LEXIS 99640 (N.D. Ga. Mar. 19, 2026).*
Defendant’s act of kicking and biting ICE officers that came to the jail to get him was an independent crime and not a product of the prior allegedly illegal arrest. United States v. Wanjiku, 2026 U.S. Dist. LEXIS 100083 (W.D. Okla. May 6, 2026).*
The search warrant for a Washington Post reporter’s computers, phone, and files violated the Privacy Protection Act because it was not evidence of a crime or contraband. It also implicates prior restraint on speech. The USMJ’s order that the court will review in camera what was seized is affirmed. In the Matter of the Search of the Real Property and Premises of Natanson, 1:26-sw-00054 (WBP-AJT) (E.D. Va. May 5, 2026):
Officers came without a warrant to arrest defendant where he was spending the night, and he tried to escape. That was exigency. United States v. Richard, 2026 U.S. Dist. LEXIS 99358 (E.D.N.Y. May 5, 2026).
Defendant’s presence in someone else’s hotel room for “commercial activity” gave him no reasonable expectation of privacy from police entry. United States v. Anderson, 2026 U.S. Dist. LEXIS 99481 (D. Mont. May 4, 2026).*
In the same case, the geofence warrant to identify him was with probable cause, it was particular, and it was executed in good faith. United States v. Jason, 2026 U.S. Dist. LEXIS 99303 (E.D. Pa. May 4, 2026).*
Asking a commercial truck driver about his cargo and inspecting papers did not impermissibly extend the stop. United States v. Tsegay, 2026 U.S. Dist. LEXIS 99314 (D. Kan. May 4, 2026).*
Plaintiff fully litigated his Fourth Amendment claim in state court and lost. Collateral estoppel bars him from pursuing a federal claim for the same thing. Pelton v. Amador, 2026 U.S. Dist. LEXIS 98995 (N.D. Cal. Mar. 24, 2026).
Defendant faults defense counsel for pursuing a meritless motion to suppress he insisted on causing him to forfeit a favorable plea offer. No IAC. State v. Tate, 2026-Ohio-1636 (5th Dist. May 5, 2026).*
That Dropbox reports child porn in its system doesn’t make it a government actor for the Fourth Amendment. United States v. Blocker, 2026 U.S. App. LEXIS 13026 (7th Cir. May 5, 2026).*
The officer knew defendant from long before, and he has a reasonable belief defendant was driving his car while a probation and parole warrant was out for him. United States v. Rodriguez, 2026 U.S. Dist. LEXIS 99220 (D. Mont. May 5, 2026).*
The First Circuit declines to get into the issue of whether an undocumented person here is part of the “people” with Fourth Amendment rights, instead deciding he loses on the merits. United States v. Vizcaíno-Peguero, 2026 U.S. App. LEXIS 13000 (1st Cir. May 5, 2026).
Defendant doesn’t get discovery to help with a Franks challenge; nothing in Franks suggests that. If more develops, he can file a Franks motion. United States v. Bridges, 2026 U.S. Dist. LEXIS 98583 (D. Me. May 5, 2026).*
A Fourth Amendment violation has nothing to do with removal proceedings. Romero v. Anda-Ybarra, 2026 U.S. Dist. LEXIS 98642 (W.D. Tex. May 5, 2026).*
The affiant recklessly omitted important information that would have negated probable cause, but it wasn’t material to the ultimate finding of probable cause. United States v. Foster, 2026 U.S. Dist. LEXIS 98801 (D. Conn. May 5, 2026).* (Helpful case for both sides of the question elsewhere.)
"If it was easy, everybody would be doing it. It isn't, and they don't." —Me
"Life is not a matter of holding good cards, but of playing a poor hand well." –Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others)
“I am still learning.” —Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)).
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848)
"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced." —Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).
"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence." —Mapp v. Ohio, 367 U.S. 643, 659 (1961).
"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment."
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today." — Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
"The great end, for which men entered into society, was to secure their property." —Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment." —United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth." —Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
"A search is a search, even if it happens to disclose nothing but the bottom of a turntable." —Arizona v. Hicks, 480 U.S. 321, 325 (1987)
"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." —Katz v. United States, 389 U.S. 347, 351 (1967)
“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” —United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.” —United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
"You can't always get what you want / But if you try sometimes / You just might find / You get what you need." —Mick Jagger & Keith Richards, Let it Bleed (album, 1969)
"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
—Martin Niemöller (1945) [he served seven years in a concentration camp]
“Children grow up thinking the adult world is ordered, rational, fit for purpose. It’s crap. Becoming a man is realising that it’s all rotten. Realising how to celebrate that rottenness, that’s freedom.” – John le Carré, The Night Manager (1993), line by Richard Roper
"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime." —Johnson v. United States, 333 U.S. 10, 13-14 (1948)
The book was dedicated in the first (1982) and sixth (2025) editions to Justin William Hall (1975-2025). He was three when this project started in 1978.
