The search warrants here were supported by probable cause based on the statements of the reliable citizen informants and the supporting facts. The search warrants were particular in describing the items to be seized and the limitations on the search. And, even if the initial seizure of the cell phone was unlawful, the independent source doctrine applied because the search warrants were valid and not influenced by any prior unlawful action. State v. Tyson, 2025 Wash. App. LEXIS 342 (Feb. 25, 2025).* , 2025 U.S. App. LEXIS 4680 (8th Cir. Feb. 28, 2025 ..read more

Plaintiff’s claim that residential care facilities have to provide a census of children there isn’t a Fourth Amendment violation. CNS Int’l Ministries, Inc. v. Bax, 2025 U.S. Dist. LEXIS 37362 (E.D. Mo. Mar. 3, 2025).* , 2025 U.S. App. LEXIS 4951 (10th Cir. Mar. 4, 2025 ..read more

EFF launches open-source tool that can detect unauthorized cellular spying ..read more

The Georgia implied consent warning informs drivers multiple times of their right to refuse testing and does not mention any criminal penalty for refusal, so it does not coerce consent. State law allows evidence of a driver’s refusal to consent to blood testing, and this is not unconstitutional. Defendant freely and voluntarily consented to the blood test. La Anyane v. State, 2025 Ga. LEXIS 41 (Mar. 4, 2025).* , 2025 U.S. App. LEXIS 4908 (5th Cir. Mar. 3, 2025 ..read more

Geofencing, High Tech Surveillance and the Future of the Fourth Amendment ..read more

Cause was shown for an administrative search warrant for rental property safety issue. “[I]t is well settled that a municipality may obtain a warrant for administrative inspections of properties, and probable cause may be based upon a showing that reasonable legislative standards for conducting an inspection are satisfied. Said standards were satisfied in this case.” Dep’t of Dev. Servs. for the City of N. Canton Ohio v. CF Homes LLC, 2025-Ohio-522 (5th Dist. Feb. 18, 2025).* , 2025 Ga. LEXIS 31 (Feb. 18, 2025 ..read more

Officers used their iPhone flashlight and camera to see through car window’s tinting, and this did not violate any reasonable expectation of privacy. Tinting the windows doesn’t create an objective expectation of privacy. , 2025 U.S. App. LEXIS 3932 (2d Cir. Feb. 20, 2025 ..read more

The protective sweep here was unjustified by any reasonable belief there was a justification for it. Trial court suppression order affirmed. El Pueblo de P.R. v. Rondón, 2025 PR App. LEXIS 206 (Jan. 27, 2025 ..read more

SCOTUS denied review of a case from the Eleventh Circuit on the in the presence rule for misdemeanor arrests from United States v. Gonzalez, 107 F.4th 1304 (11th Cir. 2024) because, noted by the statement of Sotomayor and Gorsuch, the issue is still alive, but this isn’t the case for it. Gonzalez v. United States, 2025 U.S. LEXIS 824 (Feb. 24, 2025 ..read more

The R&R recommended suppression of the geofence warrant. It is adopted. The warrant caused a wholesale search and was based on what appears to be a slipshod effort. Even the good faith exception didn’t apply. United States v. Fuentes, 2025 U.S. Dist. LEXIS 25900 (E.D. Okla. Feb. 13, 2025), adopting 2024 U.S. Dist. LEXIS 239693 (E.D. Okla. Sep. 3, 2024). From the R&R ..read more