Tag: search
Updated on September 10, 2024
A Window to the Public Eye: Tenth Circuit Holds Using a Pole Camera Does Not Violate the Fourth Amendment If It Captures Activities Performed in Public View
United States v. Hay, 95 F.4th 1304 (10th Cir. 2024). Author: Alex Falk, Staff Editor Issue: “Does the Fourth Amendment permit the government to surveil a home for months on end without a warrant?” Answer: Yes. Surveillance does …
Updated on September 10, 2024
Police Officers Exceed Scope of Welfare Check
State v. Ellis, No. 120,046 (Kan. Ct. App. Nov. 15, 2019) Issue: Did a police officer exceed the scope of a permissible welfare check when he detained the person for whom the welfare check was called after he …
Updated on September 10, 2024
Publicly-Parked Car Not Seized After Arrest
State v. Parker, No. 112,959 (Kan. Dec. 7, 2018) Issue: Parker was arrested outside his locked car. His car sat in a public parking lot until a drug dog arrived to sniff the vehicle. Was his car unlawfully “seized” by the officers during this time? …
Updated on September 10, 2024
Marijuana Odor Can Justify Probable Cause
State v. Hubbard, No. 113,888 (Kan. Dec. 7, 2018) Issue: Can marijuana odor supply probable cause? Answer: Yes, based on the totality of the circumstances including: proximity, strength of odor, the investigating officer’s experience, etc.
Updated on September 10, 2024
Officers Cannot Search Containers of Already-Identified Drivers Involved in Accident Without a Warrant
State v. Evans, No. 119,458 (Kan. Nov. 21, 2018) Issue: The “community caretaking” exception to the warrant requirement allows officers to conduct limited warrantless searches. Evans, who had already identified herself to officers, was taken from the scene of a car …
Updated on September 10, 2024
Arrests on Outstanding Warrants Don’t Justify Searches of Bags Outside the Owner’s Control
State v. Ritchey, No. 118,905, (Kan. Ct. App. Nov. 2, 2018) Issue: Law enforcement may conduct a warrantless, though limited, “search incident to arrest” under the Fourth Amendment. Officers arrested Ritchey pursuant to an outstanding warrant. Could they …
