A victim of a robbery had a smart phone in her stolen handbag. The police located the phone at a particular intersection by “pinging” the phone’s GPS system, which the victim and owner of the cell phone authorized the police to do. Defendant was arrested within 45 minutes of the robbery. He challenged the legality of […]
“Open Your Mouth So We Can Take A Cheek Swab Of Your DNA” Are Now The First Words After An Arrest When They Used To Be “You Have A Right To Remain Silent.”
Justice Anthony Kennedy, writing for the majority, called taking a cheek swab from arrestees a legitimate police booking procedure. The opinion further states “an individual’s identity is more than just his name or Social Security number, and the government’s interest in identification goes beyond ensuring that the proper name is typed on the indictment.” Justice Antonin […]
A “Search” Within The Meaning Of The Fourth Amendment Includes Using A Drug-Sniffing Dog On A Homeowner’s Porch.
Police received a tip that marijuana was being grown in a home. A surveillance team went to the home and watched it for 15 minutes. Seeing no activity, a detective and a trained dog handler with his drug-sniffing dog approached the home. The dog had been trained to detect the scent of marijuana, cocaine, heroin and […]
Warrantless Entry Into Curtilage Of Home Was An Unconstitutional Search.
Plaintiff was standing behind the gate at the entrance to her home when a police officer kicked it down and knocked her unconscious. The officer believed his warrantless entry into the cartilage of plaintiff’s home was justified by his pursuit of a suspect “who had committed at most a misdemeanor offense by failing to stop […]
No Qualified Immunity For Sheriff’s Officers; Question Of Fact Whether Fourth Amendment Violation.
A woman was shot in the jaw by her husband. Paramedics determined she needed to be transported by air ambulance, and had her in an ambulance to take her to the landing zone. A police sergeant at the scene refused to let the ambulance leave immediately because he viewed the area as a crime scene […]
Usual Legal Rate Of Interest Not Used In Criminal Forfeiture Proceeding.
A criminal defendant was convicted of various drug charges. The police confiscated a lot of drugs and $10,153.38 in cash from his hotel room. The man claimed he earned the cash by selling candy, cigarettes and sodas from his room. In forfeiture proceedings, he was awarded $12,601.33, which represents the money seized plus the interest […]
No Fourth Amendment Violation For Seizing Baby.
A mother took her baby to an emergency room when she had a high fever, was lethargic, not eating properly and looked ill. Doctors were concerned about meningitis. The baby’s mother was “hysterically crying” and refused to give consent for medical personnel to treat the baby. Doctors opined the baby was in imminent danger of […]
No Fourth Amendment Violation For Tasing Suspect To Death.
In a bloody domestic violence situation, police used a taser on a suspect who would not release hold of a child. The suspect went into cardiac arrest and died. The district court granted summary judgment to the officers and the manufacturer. The Ninth Circuit affirmed, stating that courts must balance the nature and quality of […]
No Fourth Amendment Violation For Seizing Truck.
Plaintiff was stopped by the police while driving his truck to a job site. He was arrested for driving without a license in an unregistered vehicle, and the police contacted a towing company to tow the truck away. Plaintiff sued the towing company for wrongfully withholding his 1998 Dodge light truck for 38 days until […]
Fourth Amendment Violation For Seizing Homeless Persons’ Shopping Carts.
Nine homeless persons living on Skid Row filed suit against the City of Los Angeles, alleging their constitutional rights were violated when the City seized and destroyed their personal possessions temporarily left on public sidewalks while they attended to necessary tasks. The trial court issued an injunction against the City from performing regular “clean-ups,” and […]