The stop was with reasonable suspicion defendant was armed, and he was a murder suspect. Defendant was detained, but not under arrest. The search was by consent. Most of the factors for consent on the totality favor the government. Guam v. Babauta, 2024 Guam Trial Order LEXIS 113 (July 1, 2024).* , 2024 Tex. App. LEXIS 4847 (Tex. App. – Waco July 11, 2024 ..read more

2254 petitioner’s Fourth Amendment claim is barred by Stone. Alcantara v. Warden of McCormick Corr. Inst., 2024 U.S. Dist. LEXIS 124014 (D.S.C. July 15, 2024 ..read more

Yale New Haven Hospital security were not state actors for the Fourth Amendment. With the hospital, they were investigating drug tampering from a dispensing machine. United States v. Falzarano, 2024 U.S. Dist. LEXIS 124545 (D. Conn. July 15, 2024 ..read more

Defendant had his full and fair opportunity to litigate his Fourth Amendment claim in state court including appealing the adverse ruling, so it’s barred by Stone. Even if not, “[b]ased on the testimony presented at the suppression hearing, Petitioner has not established that the state court made an unreasonable determination of the facts in light of the evidence nor that the state trial and appellate courts unreasonably applied the law.” Rivera v. Sec’y, Dep’t of Corr., 2024 U.S. Dist. LEXIS 125054 (S.D. Fla. May 20, 2024),* adopted, 2024 U.S. Dist. LEXIS 123877 (S.D. Fla. July 15, 2024 ..read more

All things considered, defendant consented to a search of his phone. First he lawyered up, but then he decided to talk with AFOSI after all. His liberty was not restrained. United States v. Daughma, 2024 CCA LEXIS 287 (A.F. Ct. Crim. App. July 16, 2024 ..read more

Defendant was a codefendant in a 77-count indictment, and she was spending the night at a codefendant’s place when the search warrant was executed. No person was named as a target of the search, and her cell phones were within the scope of the warrant. “[T]hat special considerations exist in the context of cellphones” does not change this. The good faith exception applies because a USMJ issued the warrant, and inquiry into the probable cause is moot. United States v. Inyang, 2024 U.S. Dist. LEXIS 95912 (W.D. Tex. May 30, 2024 ..read more

Plaintiff’s Fourth Amendment claim accrued when she turned 18, and she was aware of what happened. Barred by SoL. Doe v. City View Indep. Sch. Dist., 2024 U.S. Dist. LEXIS 98831 (N.D. Tex. June 4, 2024 ..read more

“The officers had reason to believe that evidence of a crime was in the vehicle. At the suppression hearing, the district court found that knowledge concerning Broussard’s activity the morning of the arrest and months-long investigation established probable cause. A few hours before the stop, law enforcement observed Broussard, a convicted felon, with a handgun around a known drug trafficking house. Broussard went out of sight and, simultaneously, a Honda Accord was seen leaving the premises. This amounted to probable cause to pull Broussard over because, although the officers were not certain ..read more

An SIS sentence is not a final appealable order, so the appeal of the denial of suppression is dismissed. State v. Bodenhamer, 2024 Mo. LEXIS 174 (June 4, 2024).* , 2024 U.S. App. LEXIS 13557 (11th Cir. June 5, 2024 ..read more

Law enforcement collected over 1.5 million people’s DNA since 2020 by Andrew Paul (‘The government’s DNA collection program represents a massive expansion of genetic surveillance ..read more