“No Trespassing” signs do not per se prevent officers from conducting a knock and talk at a residence.
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Law enforcement entry into a home, over the homeowner’s objection, was justified because officers reasonably believed a person inside was potentially unable to communicate and held against her will or otherwise in danger, the Eighth Circuit held.
Evidence seized during an unconstitutional stop may be used against a defendant where law enforcement discovers an outstanding, valid arrest warrant for the stopped individual, the U.S. Supreme Court held this week.
Warrantless pinging of defendant’s cell phone was reasonable where government proved good faith belief immediate apprehension was necessary after defendant was dangerous and linked to a body of person the government had approached to be an informant, says Second Circuit.
Defendant’s acquiescence to the question, “May I look for your car?” constituted his valid consent to a search of his vehicle under the circumstances, the Seventh Circuit recently held.
An investigatory stop may still be lawful even if the officer falsely cites a ground that is not supported by reasonable suspicion as the basis for the stop, the Ninth Circuit recently held.
Only one ground of an affidavit in support of a search warrant needs to be supported by probable cause for a district court to deny a Franks hearing request, the Eighth Circuit recently held.
The Fifth Circuit recently concluded that an officer’s use of English to ask a suspect with a language barrier for consent was not coercive.
Twice pepper-spraying a detainee in the back of a patrol car did not violate the detainee’s Fourth Amendment rights, where the detainee was violently kicking the car door and resisting arrest, the Eleventh Circuit recently held in a § 1983 matter.
In October 2015, we informed you the U.S. Court of Appeals for the Second Circuit had granted en banc review of Fourth Amendment issues in United States v. Ganias, regarding whether the government may retain computer evidence obtained outside the scope of an original, probable-cause search warrant and prosecute people for crimes based on that evidence.
A family member lawfully consented to the search of another’s password protected computer, where the computer owner did not attempt to keep computer password private.
Officers violated a § 1983 plaintiff’s Fourth Amendment rights when they relied on his Colorado state residency as justification for continuing a traffic stop and searching his vehicle for drugs, the Tenth Circuit held this week.