The Eleventh Circuit case of United States v. Sanchez involved a warrant for the seizure of a cell phone. The court cited Riley v. California, which held that a person has a reasonable expectation of privacy in the data contained in their cell phone, including the call log. The court in Riley declined to extend the incident to lawful custodial arrest exception to the […]
Always Follow the Suspect Holding Their Phone Continue Reading
Officers in our case today from the Seventh Circuit had suspicions of drug activity and used what could potentially be seen as stalling tactics to ensure that a canine could arrive on the scene. According to the 2015 SCOTUS case, Rodriquez v. US, a seizure justified only by a police-observed traffic violation “becomes unlawful if it is prolonged beyond the time reasonably required to
How Long is Too Long During a Traffic Stop? Continue Reading
Before we get into our case, let’s review the Supreme Court’s two objective tests for identifying a Fourth Amendment search. These two tests include whether police: (1) “physically intrud[es] on a constitutionally protected area” (under United States v. Jones); or (2) violate a person’s “reasonable expectation of privacy” (under Katz v. United States). These are different from a seizure, which is legally defined as
It’s All in the Hips: A Suspect’s Suspicious Movements Lead to A Reasonable Frisk Continue Reading
United States v. Simmermaker, out of the Eighth Circuit, brings new meaning to guilty by association. You may think that going over to a friend’s house and keeping your items locked up in security lockbox makes them private, but if your friend happens to be a known drug dealer, you would be wrong. Before we get to the rundown of this case, some notes on warrants: There are
Wrong Couch, Wrong Time – Eighth Circuit Continue Reading
Today’s case out of the 8th Circuit examines the automobile exception. According to this search rule, police may conduct a warrantless on-the-scene search of a motor vehicle based on probable cause to believe that it contains contraband or evidence of a crime. The scope of the search is defined by the nature of probable cause and includes any and all places and containers in
The Automobile Exception & Mobility – Eighth Circuit Continue Reading
Today’s case comes to us from the D.C Circuit Court and asks the question: can a Fourth Amendment seizure take place when there is no physical seizure taking place? Our suspect today argued that officers had no reason to search his satchel, nor did they have probable cause to seize him. But it is important to note that even when you do not physically
Can it be a Seizure When a Person isn’t “Seized”? Continue Reading
In today’s case out of the Eighth Circuit Court of Appeals we encounter two known drug users and Miranda rights. As a reminder, you are required to provide Miranda warnings when conducting a “custodial interrogation”. A person is in “custody” for Miranda, purposes, when there is a formal arrest, or you are restraining the person’s freedom of movement to the degree associated with a formal arrest. To determine whether a person was in custody, the court
Casual Miranda Rights – Eighth Circuit Continue Reading
On May 17, 2021, the United States Supreme Court (SCOTUS), in Caniglia v. Strom, examined whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home as it does in the motor vehicle context. SCOTUS unanimously held that it did not. Facts During an argument with his wife at their home, Edward Caniglia retrieved a handgun from the bedroom, put it
SCOTUS: “There’s No Place Like Home” Continue Reading
Today’s case is both entertaining and enlightening. You know that saying, “You can’t make this stuff up”? Well today’s case has some of that “stuff”. There are of course some learning points as well in this case that are worth reviewing. We have discussed protective sweeps in prior updates and the ability to conduct a warrantless search of a home based on exigent circumstances. Of course, each of these exceptions to the 4th Amendment warrant requirements comes with limitations.
Protective Sweep/Exigent Circumstances Continue Reading
Our case today comes from the Fourth Circuit. In February 2017, a federal-state task force in Charlotte, North Carolina pursued outstanding arrest warrants. Among the targets was Kendrick Brinkley, who had an outstanding arrest warrant for unlawfully possessing a firearm as a convicted felon. An ATF agent and Detective on the taskforce found Brinkley after extensive research into his addresses. Where things start to fall apart, however,
United States v. Brinkley, “Knock and Talk without Probable Cause” Continue Reading
The United States Court of Appeals for the Seventh Circuit recently rendered a decision in United…
A recent case considered by the Tenth Circuit examines the circumstances that determine whether a suspect…