The Fourth Amendment protects “[t]he right of the people to be secure in their persons ... against unreasonable searches and seizures.”U.S. Const.amend. IV. A traffic stop constitutes a “seizure” under the Fourth Amendment. Whren v. United States, 517 U.S. 806, 809–10 (1996);Delaware v. Prouse, 440 U.S. 648, 653 (1979). The reasonableness of a traffic stop depends on whether the police have reasonable suspicion to believe that a traffic violation has occurred. Heien v. North Carolina, 574 U.S. 54, 60 (2014).

A traffic stop that is constitutionally inbounds at its inception could eventually impinge on the vehicle occupant’s rights in some circumstances. If an officer executes a traffic stop unreasonably, the stop could violate the Fourth Amendment rights of the person seized. Illinois v. Caballes, 543 U.S. 405, 407 (2005). “A lawful traffic stop must therefore be limited in scope and duration.” United States v. Whitley, 34 F.4th 522, 529 (6th Cir. 2022) (citing Rodriguez v. United States, 575 U.S. 348, 354 (2015)). An officer needs reasonable suspicion to prolong a traffic stop beyond what is necessary to resolve the initial reason for the stop. Rodriguez, 575 U.S. at 354–55.

To continue detaining Taylor after the time that was necessary to complete the traffic citation, Officer Cox needed reasonable suspicion of wrongdoing (other than speeding). Rodriguez, 575 U.S. at 350.

According to the government, several facts that Officer Cox learned during the indisputably permissible part of the stop gave her reasonable suspicion to prolong the stop to await the K-9 unit. Those facts include: (1) Taylor’s travel plans; (2) Taylor’s criminal history involving firearms and narcotics; (3) multiple air fresheners on Taylor’s gear shift; and (4)Taylor’s odd movements while searching for proof of insurance.

Under the totality of the circumstances and viewing the facts in the light most favorable to the government, Officer Cox did not have reasonable suspicion to prolong the traffic stop. The reasonable-suspicion indicators are weak and subject to qualification. In fact, the district court recognized that Taylor’s travel plans, criminal history, and air fresheners may not have been enough to establish re

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Responding to a report of suspicious activity in the area, a police officer unlawfully detained a bystander who had no apparent connection to the report. The officer ran a records search and learned that the bystander, Duvanh Anthony McWilliams, was on parole and subject to warrantless, suspicionless parole searches. The officer proceeded to search McWilliams and his vehicle, where the officer found an unloaded gun, ammunition, drugs, and drug paraphernalia.

As a general rule, evidence seized as a result of an unlawful search or seizure is inadmissible against the defendant in a subsequent prosecution. But the law permits use of the evidence when the causal connection "between the lawless conduct of the police and the discovery of the challenged evidence has `become so attenuated as to dissipate the taint.'" (Wong Sun v. United States (1963) 371 U.S. 471, 487.) Here, the Court of Appeal held that the officer's discovery of McWilliams's parole search condition sufficiently attenuated the connection between the unlawful detention and the contraband found in McWilliams's vehicle. The Court of Appeal relied on cases allowing the admission of evidence seized incident to arrest on a valid warrant, where the warrant was discovered during an unlawful investigatory stop. (Utah v. Strieff (2016) 579 U.S. 232 (Strieff); People v. Brendlin (2008) 45 Cal.4th 262 (Brendlin).)

We now reverse. Unlike an arrest on an outstanding warrant, a parole search is not a ministerial act dictated by judicial mandate (Strieff, supra, 579 U.S. at p. 240), but a matter of discretion. We conclude the officer's discretionary decision to conduct the parole search did not sufficiently attenuate the connection between the officer's initial unlawful decision to detain McWilliams and the discovery of contraband. The evidence therefore was not admissible against him.

See full case here: People v. McWilliams, Cal: Supreme Court 2023, https://law.justia.com/cases/california/supreme-court/2023/s268320.html

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Following denial of his suppression motion, defendant pleaded guilty to possession of marijuana for sale. Defendant had approached the Needles, California plant quarantine inspection station in a vehicle bearing Michigan license plates. The quarantine officer, feeling that a more detailed inspection was necessary, identified himself and requested to look into defendant's vehicle trunk. Defendant opened the trunk for the officer's inspection. Inside were 200 to 300 pounds of marijuana wrapped in plastic. The officer reached in and took a pinch of the substance to inspect it. He discussed the substance with defendant and they agreed that it appeared to be compost, although the officer in fact suspected that it was marijuana. The officer gave defendant a clearance slip and defendant drove away. The officer then contacted the California Highway Patrol, showed them a sample of the substance, which had fallen to the ground during the inspection of the trunk, and the Highway Patrol thereafter apprehended defendant. (Superior Court of San Bernardino County, No. VCR 517, Joseph A. Katz, Judge.)

The Court of Appeal affirmed the conviction, holding the quarantine officers may stop motorists at inspection stations and request to look into the trunks of their vehicles without a warrant or probable cause, and that if the motorist voluntarily opens the trunk, the quarantine officer may look therein and remove any plant materials in plain view for further inspection. The court rejected defendant's suggestion that a sign should be placed at inspection stations or quarantine officers should advise motorists that they may refuse to give their consent to any search. (Opinion by Gardner, P. J., with McDaniel and Morris, JJ., concurring.)


Read full case here: People v. Dickinson, 104 Cal. App. 3d 505, 163 Cal. Rptr. 575 (Ct. App. 1980), https://law.justia.com/cases/california/court-of-appeal/3d/104/505.html

https://en.wikipedia.org/wiki/California_Border_Protection_Stations

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Police stopped Robert Lidster at a checkpoint set up to find information about a recent hit-and-run accident. Lidster was arrested, and later convicted, for drunk driving. Lidster successfully appealed his conviction to the Illinois Appellate Court. It relied on the U.S. Supreme Court's decision in Indianapolis v. Edmond (2000) holding that a checkpoint is unconstitutional if its only purpose is to uncover "ordinary criminal wrongdoing." The Illinois Supreme Court affirmed.

Does Indianapolis v. Edmond, which dealt with the Fourth and 14th Amendment prohibitions of unreasonable searches and seizures, prohibit checkpoints organized to question motorists about a previous offense and arrest motorists for drunk driving?

No. In an opinion delivered by Justice Breyer, the Court held 6-3 that the Illinois checkpoint did not violate the Fourth Amendment's prohibition of unreasonable searches and seizures and was constitutional. It ruled that the checkpoint was reasonable because it advanced a "grave" public interest - "investigating a crime that had resulted in a human death" - and interfered minimally with Fourth Amendment liberty. The Court distinguished Illinois's "information-seeking" checkpoint from the "crime control" checkpoint struck down in Edmond. Justices Stevens, Souter, and Ginsburg - while agreeing that Edmond does not invalidate the Illinois checkpoint - dissented from the majority's decision granting constitutional approval to the checkpoint. They argued that the case should have been remanded to the Illinois courts.

Read the full case here: Illinois v. Lidster, 540 U.S. 419 (2004), https://supreme.justia.com/cases/federal/us/540/419/#tab-opinion-1961418

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Homeland Security Investigations and Customs and Border Protection have credible information that an individual in the Baja California border region (the “Recruiter”) has placed help wanted advertisements on Facebook seeking persons to transport currency across the border.

Credible information indicates at least some individuals who responded to the ads and drove vehicles across the border were not told they were instead smuggling aliens into the United States.

Based on the investigation, there are a few common characteristics linked to the Recruiter:
􀁸 After a person responds to one of the advertisements, they typically encounter a person that identifies him- or herself as “Javier,” “Javier Alberto,” “Alberto,” “Sandra,” “Sarahi,” or “Omar.”
􀁸 The Recruiter uses a few common telephone numbers, each with a 664-area code, to communicate with drivers.
􀁸 The Recruiter instructs drivers to meet at a convenience store on Boulevard Padre Kino in Tijuana before the drivers cross the border.
􀁸 The amount the Recruiter pays drivers varies but is often between $500 and $1000 per crossing.

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We review questions of probable cause de novo, but with "due weight to inferences drawn from [the] facts by resident judges and local law enforcement officers." Ornelas v. United States,517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). We need only find that the issuing magistrate had a substantial basis for finding probable cause. Illinois v. Gates,462 U.S. 213, 239, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). In making this determination, a magistrate judge must assess the totality of the circumstances and make a "practical, common-sense decision." Id. at 238, 103 S.Ct. 2317. Under the totality of the circumstances test, otherwise innocent behavior may be indicative of criminality when viewed in context. See United States v. Ocampo,937 F.2d 485, 490 (9th Cir. 1991). Additionally, issuing judges may rely on the training and experience of affiant police officers. United States v. Gil,58 F.3d 1414, 1418 (9th Cir. 1995).

When a magistrate judge issues a search warrant for a residence, he must find a "reasonable nexus" between the contraband sought and the residence. United States v. Rodriguez,869 F.2d 479, 484 (9th Cir. 1989). In making this determination, a magistrate judge need only find that it would be reasonable to seek the evidence there. United States v. Terry,911 F.2d 272, 275 (9th Cir. 1990).

The Knock and Announce Rule allows an officer to "break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance. . . ." 18 U.S.C. § 3109. Officers can infer constructive refusal to admit from silence, but only after a "significant amount of time." Granville,222 F.3d at 1218 (internal quotation marks omitted). There is no established time that the police must wait; instead, the time lapse must be reasonable considering the particular circumstances of the situation. See United States v. Banks,282 F.3d 699, 703-05 (9th Cir. 2002); McClure v. United States,332 F.2d 19, 22 (9th Cir. 1964) (concluding that a 4 to 5 second wait was justified when police heard someone running away from door). When evaluating reasonableness, we consider such circumstances as (1) the size and layout of the residence; (2) the time of day; (3) the nature of the suspected offense; (4) the evidence demonstrating guilt; and (5) the officers' other observations that would support forced entry. See Banks,282 F.3

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Upon this evidence, and knowing that the box was at the airport in the possession of DEA agents, the magistrate issued a warrant for a search of Hendrick's residence at N. Sidney. Although the warrant states that "on the premises known as 2835 N. Sidney . . . there is now being concealed . . . a . . . cardboard box [containing cocaine]," (emphasis added) it further states "this search warrant is to be executed only upon the condition that the above described box is brought to the aforesaid premises" (emphasis added).

In making the determination as to probable cause, our role is limited to "ensuring that the magistrate had a `substantial basis for . . . conclud[ing]' that probable cause existed." Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983) (quoting Jones v. United States, 362 U.S. 257, 271, 80 S.Ct. 725, 736, 4 L.Ed.2d 697 (1960)). The Supreme Court has stressed that "courts must continue to conscientiously review the sufficiency of affidavits in which warrants are issued," Gates, 103 S.Ct. at 2332, see Leon, 104 S.Ct. 3422-23. The condition inserted into the warrant by the magistrate, that the warrant was not to be executed until the suitcase arrived at the house, is the principal source of our concern in this case.

If the suitcase had been in the house, or if probable cause existed to believe it was there, issuance of the warrant would have been proper. However, at the time the warrant was issued, the magistrate knew the suitcase was in the possession of the agents, not at the house. The agents, by calling Hendricks to come for the suitcase tried to ensure that the condition subsequent inserted into the warrant would happen. However, at the time the warrant issued and, in fact, until the suitcase was actually brought to the house, there was no certainty that it would ever be brought there.

Read the full case here: United States v. Hendricks, 743 F.2d 653, 654 (9th Cir. 1984), https://casetext.com/case/united-states-v-hendricks-2

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The Ninth Circuit has repeatedly affirmed searches of homes of suspected drug dealers even where there is no direct evidence linking the homes to illegal activity, because the presence of evidence in a drug dealer's home is a reasonable inference to draw. See, e.g., United States v. Fannin, 817 F.2d 1379, 1381–82 (9th Cir.1987); United States v. Angulo–Lopez, 791 F.2d 1394, 1399 (9th Cir.1986); United States v. Peacock, 761 F.2d 1313, 1315 (9th Cir.1985). The government argues that this caselaw can and should be extended to drug users, especially since Inspector Lau stated in his affidavit that it is “common” for drug users to have additional drugs and paraphernalia at their residences.

Such an affidavit is available in every case. In effect, the government is looking for a bright-line rule that the police have probable cause to search the house of any person found with any amount of illegal drugs anywhere. This would be a significant extension of the case law, taking it beyond the bounds of what is permitted by the Fourth Amendment. The Ninth Circuit has held that “probable cause that a resident of the location has committed a crime is in itself insufficient to satisfy” the requirement that evidence probably will be found at the locations to be searched. See United States v. Fernandez, 388 F.3d 1199, 1254 (9th Cir.2004); United States v. Gil, 58 F.3d 1414, 1418 (9th Cir.1995). Drug dealing and drug using are categorically different crimes. To extend the exception in Fannin and Angulo–Lopez is to eviscerate the rule stated in Fernandez and Gil. See United States v. Lucarz, 430 F.2d 1051, 1055 (9th Cir.1970) (explaining that if mere probable cause to arrest a suspect also established probable cause to search the suspect's home, there would be no reason to distinguish search warrants from arrest warrants). The search warrant in this case was facially invalid.

Read the full case here: United States v. Garcia, 809 F. Supp. 2d 1165 (N.D. Cal. 2011), https://casetext.com/case/us-v-garcia-335

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