E.D.N.Y.: Investigation doesn’t have to be complete or perfect for there to be PC

Posted on October 8, 2026 by Hall

There was no Franks violation, and there was probable cause. Yes, the officer could have done more to investigate, but that doesn’t mean that there wasn’t probable cause. United States v. Cruz, 2026 U.S. Dist. LEXIS 230292 (E.D.N.Y. Oct. 7, 2026):

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CA10: No standing in real property defs’ attempted to buy but didn’t and then wouldn’t leave

Posted on October 8, 2026 by Hall

Defendant’s lacked standing in the real property they were attempting to buy but the deal fell through. They knew they had to leave and hadn’t yet. They essentially were trespassers, not tenants. United States v. Wahhaj, 2026 U.S. App. LEXIS 30508 (10th Cir. Oct. 6, 2026).

Defendant’s car went airborne and hit a building. There was probable cause to believe he was under the influence, and he was unconscious, so the warrantless blood draw at the hospital was reasonable. State v. Pierangeli, 2026 Wisc. App. LEXIS 1112 (Oct. 7, 2026).*

“Because the evidence supports a finding that the warrant process would have significantly delayed defendant’s blood draw, under circumstances where law enforce-ment assistance was scarce, and Miller reasonably believed that the evidence of defendant’s blood alcohol would be lost as a result of the delay, the trial court did not err in concluding that exigent circumstances were present that justified the warrantless blood draw under the Oregon and federal constitutions.” State v. Butler, 353 Or App 595 (Oct. 7, 2026).*

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CA11: Wrong-house raid suit barred by FTCA

Posted on October 8, 2026 by Hall

Supposedly relying on a personal GPS device, the FBI SWAT team raided the wrong house, three houses from the target location and on a different street. The FTCA suit is barred under the discretionary function exception to the Federal Tort Claims Act. The officer, however, does not get qualified immunity on his separate claim. Martin v. United States, 2026 U.S. App. LEXIS 30717 (11th Cir. Oct. 7, 2026) (an example of hard cases make bad law):

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The Record: Oklahoma judge’s Flock ruling shows the power of Supreme Court’s digital evidence decision

Posted on October 8, 2026 by Hall

The Record: Oklahoma judge’s Flock ruling shows the power of Supreme Court’s digital evidence decision by Suzanne Smalley:

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N.D.Tex.: Drone flyover approved by SW led to SW for residence

Posted on October 7, 2026 by Hall

In a dog fighting investigation, Dallas PD [showing great respect for the rights of a homeowner] got a drone fly over warrant for residential property. Seeing dogs chained up in a dog fighting training configuration, officers obtained a search warrant for the property. On the good faith exception alone, the search is valid. United States v. Boyd, 2026 U.S. Dist. LEXIS 228859 (N.D. Tex. Oct. 2, 2026).

Defendant’s cursory argument the affidavit for warrant was bare bones and the magistrate was not neutral and detached isn’t enough to overcome the good faith exception. United States v. Franklin, 2026 U.S. Dist. LEXIS 227802 (N.D. Miss. Oct. 5, 2026).*

There was probable cause based on collective knowledge. People v. Wilson, 2026 Mich. App. LEXIS 8405 (Oct. 5, 2026).*

The officer’s search of defendant’s SD card didn’t exceed that of the private search. United States v. Matheny, 2026 U.S. App. LEXIS 30514 (4th Cir. Oct. 6, 2026).*

Posted in Collective knowledge, Drones, Good faith exception, Private search | Comments Off on N.D.Tex.: Drone flyover approved by SW led to SW for residence

CNS: Colorado woman wrongfully cited for theft files class action against Flock [and the police “relying” on it]

Posted on October 7, 2026 by Hall

CNS: Colorado woman wrongfully cited for theft files class action against Flock by Amanda Pampuro (“Columbine Valley Police pursued theft charges against a Colorado woman based on footage captured on Flock cameras around her hometown.”). Too much reliance on surveillance technology (like too much reliance on AI), and too little on common sense to actually investigate? Flock doesn’t sound like the bad actor much in the complaint:

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S.D.N.Y.: Rule 41(g) petition for return of property granted; original seizure in NYC and Louisiana investigation hasn’t concluded

Posted on October 7, 2026 by Hall

This is a Rule 41(g) petition for return of electronics seized by HSI in NYC on a Louisiana warrant for a Louisiana investigation, but no charges yet. HSI doesn’t support the basis for the seizure and hasn’t produced the warrant papers. The equities favor return of the property. Also, waiting for the Louisiana matter to play out doesn’t deprive this court of jurisdiction since the seizure was here. Wexler v. United States, 2026 U.S. Dist. LEXIS 228502 (S.D.N.Y. Oct. 5, 2026).

Plaintiff’s suit over his arrest is barred by Heck. Hanke v. Grajeda, 2026 U.S. Dist. LEXIS 226615 (W.D. Ark. Aug. 24, 2026).*

Open containers and the smell of marijuana was reasonable suspicion, and that led to a search of the vehicle. United States v. Lyons, 2026 U.S. Dist. LEXIS 227394 (W.D.N.C. Oct. 5, 2026).*

Suits against Secret Service officers are a new Bivens context and barred. Williams v. United States, 2026 U.S. Dist. LEXIS 228129 (D.D.C. Oct. 5, 2026).*

Posted in § 1983 / Bivens, Issue preclusion, Plain view, feel, smell, Probable cause, Rule 41(g) / Return of property, Warrant papers | Comments Off on S.D.N.Y.: Rule 41(g) petition for return of property granted; original seizure in NYC and Louisiana investigation hasn’t concluded

VA: NC tracking warrant validly led to conviction in VA

Posted on October 7, 2026 by Hall

North Carolina officers put a warrant approved tracker on defendant’s vehicle. That out-of-state warrant led to defendant’s conviction in Virginia. The out-of-state warrant was issued on probable cause, and it didn’t violate the Fourth Amendment tracking him in Virginia. A tracking warrant often will cross state lines, and that’s not a constitutional violation. At the minimum, the good faith exception applies. Graves v. Commonwealth, 2026 Va. App. LEXIS 533 (Oct. 6, 2026).

The investigation of whether the place to be searched is one or two dwellings has to be reasonable, not perfect. Here, whether 308 and 310 were two dwellings didn’t even matter because the affidavit for warrant authorized a search of the entire premises. United States v. Wills, 2026 U.S. Dist. LEXIS 226270 (E.D. Pa. Oct. 2, 2026).*

Officers came to plaintiff’s home with a warrant for another person who was reasonably believed to be there. Plaintiff said the wanted person wasn’t there, but the officers came in anyway, and he wasn’t there. The officers get qualified immunity over the entry. Hyttinen v. Frantti, 2026 U.S. App. LEXIS 30279 (6th Cir. Sep. 30, 2026).*

Posted in Arrest or entry on arrest, Good faith exception, Qualified immunity, Scope of search, Tracking warrant | Comments Off on VA: NC tracking warrant validly led to conviction in VA

GA: Inverse condemnation suit stated claim v. state’s “police power” in drug interdiction

Posted on October 6, 2026 by Hall

Blue 42 operates a licensed hemp farm registered with state and federal agriculture departments. The Georgia DPS conducted drug suppression operation using low-flying aircraft, and they destroyed two rows of Blue 42’s crops valued at $37,000. Trial court dismissed inverse condemnation claim based on categorical police power exemption. The Georgia Supreme Court reversed. The state’s rationale would swallow the state’s just compensation clause because then everything would “police power.” No exigency here. Blue 42 Organics, LLC v. Ga. Dep’t of Pub. Safety, 2026 Ga. LEXIS 273 (Sep. 9, 2026).

Defendant is ordered detained on this child pornography offense. Aside from having a prior conviction for it, he knew he was under investigation here and he dumped electronic media in his toilet tank when police came to the door. United States v. Rivera-Maldonado, 2026 U.S. Dist. LEXIS 226176 (D.P.R. Sep. 20, 2026).*

In New York, defense counsel’s representation of the facts in the motion to suppress isn’t enough to raise a fact question for a hearing. People v. Banks, 2026 NY Slip Op 05652, 2026 N.Y. App. Div. LEXIS 5827 (4th Dept. Oct. 1, 2026).*

Posted in Motion to suppress, Open fields, Seizure | Comments Off on GA: Inverse condemnation suit stated claim v. state’s “police power” in drug interdiction

MI: Stop was initiated on roadway but ended in driveway; stop on curtilage here was reasonable

Posted on October 5, 2026 by Hall

Defendant was not improperly stopped in his curtilage. The officer was suspicious of defendant’s driving having followed him, and the officer tried to initiate the stop on the roadway. People v. Madden, 2026 Mich. App. LEXIS 8402 (Oct. 2, 2026):

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Malwarebytes: Your car’s app could be telling Big Tech who you are and where you go

Posted on October 5, 2026 by Hall

Malwarebytes: Your car’s app could be telling Big Tech who you are and where you go by Pieter Arntz (“A study testing 21 cars from 19 brands and 30 companion apps found connections to advertising and tracking companies, and evidence that some apps shared sensitive personal data. Modern cars can unlock remotely, route around traffic, stream entertainment, summon roadside help, and cool or heat the cabin before you get in. But those conveniences come with a privacy cost that drivers may struggle to see and are unable to refuse.”)

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S.D.Tex.: Govt can’t raise new 4A exception in motion to reconsider

Posted on October 5, 2026 by Hall

While executing a search warrant, officers compelled defendant to provide the passcode to the safe. The court suppressed the contents of the safe because it was not a valid consent. The government doesn’t get to argue inevitable discovery on a motion to reconsider. That should have been raised in its original response. United States v. Villarreal-Resendiz, 2026 U.S. Dist. LEXIS 226914 (S.D. Tex. Oct. 2, 2026).

Defendant had no standing to challenge the search of his sister’s apartment. He was just an occasional visitor there. State v. Jones, 2026-Ohio-3893 (2d Dist. Oct. 2, 2026).*

Defendant’s hand-to-hand drug transaction watched by police was probable cause for his arrest. United States v. Mayberry, 2026 U.S. App. LEXIS 30244 (10th Cir. Oct. 2, 2026).*

In any ineffective assistance of counsel claim, petitioner has to show that if defense counsel did what he or she should have, they would have prevailed, whether it’s a motion to suppress or objection not made. Nelson v. Cain, 375 Or. 614 (Oct. 1, 2026).*

Posted in Burden of pleading, Ineffective assistance, Probable cause, Standing | Comments Off on S.D.Tex.: Govt can’t raise new 4A exception in motion to reconsider

NY4: Def was missing and police couldn’t find him; entry into backyard and then house were reasonable under Mitchell and Brigham City

Posted on October 4, 2026 by Hall

Applying Mitchell (1976) and Brigham City (2006), it was reasonable for the officer to enter defendant’s fenced back yard after going there on a welfare check first reported by a person claiming defendant was apparently missing. His and his girlfriend’s car were at home, mail had accumulated, his dogs were unattended inside, and no one would answer their phones or come to the door. The motive wasn’t to arrest anyone, it was to check, and the girlfriend’s body was found under tarp in the backyard, and then backup was called in. Defendant was convicted of second degree murder. People v. Larson, 2026 NY Slip Op 05641, 2026 N.Y. App. Div. LEXIS 5865 (4th Dept. Oct. 2, 2026):

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FL5: Only matching description of anonymous caller’s burglary report wasn’t RS; nothing about def suggested he was a burglar

Posted on October 3, 2026 by Hall

“In conclusion, the officers in this case corroborated nothing more than the innocent details of identification that matched Holliday’s appearance (other than the two snakes [wrapped around his neck], which the caller did not mention). The officers were entitled to attempt to question Holliday, but not to detain or physically seize him. Absent corroborating evidence of criminality, the caller’s information amounted to a ‘mere hunch,’ which is not sufficient to justify even a brief detention.” Holliday v. State, 2026 Fla. App. LEXIS 7764 (Fla. 5th DCA Oct. 2, 2026).

These “officers were patrolling in a high crime area in Philadelphia in an unmarked car with tinted windows.” Seeing defendant they pulled part way onto the sidewalk and asked him whether he had anything in his cross-body bag. He said no. Then they pulled onto the sidewalk blocking it and confronted him again, and he fled. The stop was without reasonable suspicion, and the contents of the bag were properly suppressed. United States v. Teixera, 2026 U.S. App. LEXIS 30277 (3d Cir. Sep. 30, 2026).*

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CA2: Car not named in SW could be seized and searched incident to forfeiture

Posted on October 3, 2026 by Hall

The warrant here was for defendant’s house and grounds. No vehicles were mentioned even though officers had knowledge defendant dealt drugs at least from one. On executing the warrant, they found the vehicle and seized it for forfeiture. Searching it later, they found drugs and a gun. The seizure and search were reasonable. United States v. Acevedo, 2026 U.S. App. LEXIS 30220 (2d Cir. Oct. 2, 2026), distinguishing United States v. Lasanta, 978 F.2d 1300 (2d Cir. 1992), with different facts.

Controlled buys and surveillance led to probable cause for defendant’s house for evidence of drug sales. United States v. Brown, 2026 U.S. Dist. LEXIS 225680 (E.D. Pa. Oct. 1, 2026).*

Defendant’s house and RV parked outside where he sometimes stayed were both his residence for purposes of his probation search condition. United States v. Brown, 2026 U.S. Dist. LEXIS 225857 (D. Mont. Oct. 1, 2026).*

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CA2: Cell phone search reasonable at the border

Posted on October 2, 2026 by Hall

At the border, defendant’s cell phone was first manually searched and then forensically searched. Neither was unreasonable under the Fourth Amendment. United States v. Robinson, 2026 U.S. App. LEXIS 30035 (2d Cir. Oct. 1, 2026), following United States v. Alisigwe, — F.4th —, 2026 WL 2751713 (2d Cir. Sept. 17, 2026) (posted here)

There was no reasonable suspicion on the totality. The court considers all six factors the government posits, but finds them wanting on the totality. Nothing here separated defendant from other innocent travelers. United States v. Kyle, 2026 U.S. Dist. LEXIS 225052 (N.D. Okla. Oct. 1, 2026).*

A probation search and defendant’s reveal of the password to his cell phone was reasonable. The PO suspected CSAM and confirmed so a search warrant was obtained. It was all reasonable. Kerr v. State, 2026 Ind. App. LEXIS 327 (Sep. 30, 2026).*

A retaliatory misdemeanor arrest without probable cause violates clearly established law. Fambrough v. City of E. Cleveland, 2026 U.S. App. LEXIS 30136 (6th Cir. Oct. 1, 2026).*

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Reason: Border Agents Nabbed Their Phones. These Two Floridians Are Fighting Back.

Posted on October 2, 2026 by Hall

Reason: Border Agents Nabbed Their Phones. These Two Floridians Are Fighting Back. by Matthew Petti (“Jalal ‘Jay’ Shehadeh had no reason to believe he was under suspicion from the government. A former assistant state attorney in Florida, he traveled frequently without problems and was preapproved for fast-track border access under the Global Entry program. And he had no problem getting through Israel’s notoriously strict airport security while visiting family in the Palestinian territories. But on the way home, U.S. Customs and Border Protection (CBP) held Shehadeh for four hours at Newark Liberty International Airport with no explanation and seized his cellphone … This week, both Shehadeh and Ph.D. student Thomas Kennedy sued CBP to get their phone data back. Although the two plaintiffs weren’t aware of each other when they sued, the cases have an uncanny resemblance to each other. Both U.S. citizens live in Florida. Both are politically outspoken. Both were traveling back from the Middle East. And both had their phones taken despite warning CBP about attorney-client privileged data. They are suing to have the government not only return their property but also delete any copies CBP made.”)

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FL3: Exclusion of evidence is a separate question from whether 4A was violated

Posted on October 2, 2026 by Hall

The question of exclusion of the evidence is always separate from whether the Fourth Amendment was violated. Mercado v. State, 2026 Fla. App. LEXIS 7697 (Fla. 3d DCA Oct. 1, 2026).

Defendant’s guilty plea waived his search claim in his murder case. It didn’t matter that he wasn’t told he was waiving it. State v. Baker, 2026-Ohio-3875 (8th Dist. Oct. 1, 2026).*

Reasonable suspicion wasn’t shown from defendant’s slight criminal history, being in an alleged high crime area, and wearing a Washington Nationals hat which the Denver PD associates with gang activity [not to mention the defendant’s last name is Washington]. On the totality, there was no reasonable suspicion for a frisk of him or the car. He was always compliant and respectful to the officers and made no furtive movements. United States v. Washington, 2026 U.S. App. LEXIS 30067 (10th Cir. Oct. 1, 2026).*

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ABAJ: Could the use of AI upend privacy and security expectations in court?

Posted on October 2, 2026 by Hall

ABAJ: Could the use of AI upend privacy and security expectations in court? by Amanda Robert:

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404 Media: USPS To Put Cameras in Trucks That Scan Roads for ‘Community Safety’

Posted on October 1, 2026 by Hall

404 Media: USPS To Put Cameras in Trucks That Scan Roads for ‘Community Safety’ by Joseph Cox (“USPS says the cameras, put on USPS truck dashboards, will scan roads, signs, and more.”) Roving Flock or pole cameras or both?

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