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Search and Seizure

In People v. Gonzalez, 2015 Slip Op 05515 (June 25, 2015), the New York Court of Appeals held that a motion to suppress an illegal knife should have been granted, where the basis for the initial police stop – “disorderly conduct”, codified at NY Penal Law § 240.20(3) – was not supported by probable cause. […]

The U.S. Supreme Court recently held, in Riley v. California (decided together with U.S. v. Wurie) that the police may not conduct a warrantless search of the digital contents of a cell phone seized from an individual who has been arrested. Justice Roberts’ tour through the Court’s Fourth Amendment jurisprudence culminates with this terse observation: […]

Today Judge Scheindlin found the City of New York liable, under Section 1983 and Monell v. Dept. of Social Services of the City of New York, for violating plaintiffs’ constitutional rights in connection with its stop-and-frisk program.  (Gothamist article here.) Her 198-page opinion (which mercifully has a table of contents) setting forth her findings of fact and conclusions […]

In Carroll v. County of Monroe (2d Cir. 12-975-cv, March 12, 2013), the Second Circuit affirmed the denial of plaintiff’s motion to set aside a jury verdict (or alternatively, for a new trial) after a jury found that plaintiff failed to prove her claim (brought under 42 U.S.C. § 1983) that the shooting of her […]

Winfield v. Trottier, 11-4404 (2nd Cir. March 6, 2013) (JACOBS, Pooler, Hall): Plaintiffs sued a Vermont state trooper under 42 U.S.C. § 1983, alleging that he violated their Fourth and Fourteenth Amendment rights by reading an item of mail uncovered during a search of plaintiff’s car during a traffic stop. The Second Circuit held that, […]

On September 30, 2012, in Dinler v. City of New York, the Southern District of New York issued an opinion that largely favors the protesters who filed suit for alleged police abuses during the 2004 Republican National Convention. Significantly, the Court rejected the Defendants’ theory of “group probable cause”, and affirmed the requirement of individualized […]

On June 30, the NYC Criminal Court rejected Twitter’s attempt to quash a subpoena seeking “any and all user information, including email addresses, as well as any and all tweets posted for the period of September 15, 2011 to December 31, 2011” from a Twitter account maintained by defendant Malcolm Harris (whose tweets, apparently, bolstered […]

Last week, federal Judge George B. Daniels upheld (in response to a Fourth Amendment challenge) NYPD “Interim Order 52”, which requires that a breathalyzer test be administered to any NYPD officer involved in a shooting that results in injury or death to a person in New York City.  The decision in Palladino et al. v. City […]

On January 23, 2012, the U.S. Supreme Court held (in U.S. v. Jones; decision below) that the government’s “installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search’” within the meaning of the Fourth Amendment. Central to the Court’s analysis and conclusion […]