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The I-19 checkpoint south of Tucson is a constitutional immigration checkpoint per the Ninth Circuit. Occasionally vehicles are “flushed” through the checkpoint as vehicles build up. When that happens, that does not change the legal standard of suspicion necessary to stop a vehicle for an immigration check. Also, the fact all the officers working the checkpoint are cross-designated as drug officers does not make the checkpoint unconstitutional, despite the fact that 300-400 drug smuggling cases are made there a year. United States v. Ruiz-Perez, 2012 U.S. Dist. LEXIS 44505 (D. Ariz. March 30, 2012), R&R 2011 U.S. Dist. LEXIS 154502 (D. Ariz. October 6, 2011):

Agent Kouris' subjective belief that Defendant's vehicle may be smuggling drugs does not affect the analysis the reasonableness of the stop. Although subjective intent has been considered in evaluating the subjective intrusiveness of a checkpoint stop, the key consideration is the subjective belief of the traveler, not the officer. See e.g. United States v. Hawkins, 249 F.3d 867, 874 (9thCir. 2001) (stating "in some instances, the failure to stop every vehicle could raise concerns over subjective intrusiveness," but finding no Fourth Amendment violation where Defendant was not treated differently from other drivers and no law-abiding motorist would have been unduly surprised or afraid because of this stop). In fact, the Supreme Court has indicated that some discretion and motive is inherent and permissible in routine checkpoint operations. ...

Defendant’s consent was voluntary, with the court evaluating numerous factors. Also, defendant signed a written consent. It was after a protective sweep. United States v. Salgado, 2012 U.S. Dist. LEXIS 44682 (N.D. Ga. March 12, 2012).*

An arrest for trespass at a housing project did not justify a search incident and seizure of the bicycle the defendant was riding. It wasn’t an offense for which there would be evidence. Commonwealth v. Holloway, 2012 Mass. App. LEXIS 162 (March 30, 2012).

Defendant was stopped for suspicion of DUI and his car was searched without a warrant in violation of the state constitution. While the officer did all that he normally could, there is no good faith exception in Washington, and the search should have been suppressed. State v. Tamblyn, 2012 Wash. App. LEXIS 695 (March 20, 2012).*

In an appeal dismissed for lack of a dispositive question, the court added: “Defendant has failed to cite controlling authority, and we have found none, to support his assertion that ‘proof of actual attempts by law enforcement officers to obtain a lawful warrant must be placed on the record before the court may find that exigent circumstances exist.’” State v. Lands, 2012 Tenn. Crim. App. LEXIS 203 (March 29, 2012)

Defendant was visiting a house that was searched under a warrant. His car was in the garage and searched too. It was reasonable for the police to believe that the car in the garage was subject to search with the premises. United States v. Powell, 2012 U.S. Dist. LEXIS 43866 (S.D. W.Va. March 29, 2012):

The scope of a warrant to search an entire property or premises "includes automobiles on the property or premises that are owned by or are under the dominion and control of the premises owner or which reasonably appear to be so controlled." United States v. Patterson, 278 F.3d 315, 318 (4th Cir. 2002). Defendant argues that the searched vehicle at 228 North Queens Court could not have reasonably appeared to be owned or controlled by the owner of the searched property, James Meeks, because the searching officers were aware that the vehicle was registered to someone other than Meeks.

The Court disagrees. Although the vehicle was not registered to Meeks, it could still reasonably appear to be controlled by him, because it was within his attached garage. Courts have long considered attached garages to be part of the home. See Taylor v. United States, 286 U.S. 1, 6 (1932) (warrantless search of garage violated Fourth Amendment); ....

Police were called to an on-the-street argument and saw defendant and a woman. Defendant was questioned by the police, and his speech was slurred and he refused to remove his hands from his pockets. He was arrested for public intoxication and convicted. The police did not need reasonable suspicion to talk to him. Woodson v. State, 2012 Ind. App. LEXIS 140 (March 29, 2012).*

PolitiFact Florida: Are lawmakers protected by First Amendment against drug testing? by Katie Sanders:

Miami Herald columnist Carl Hiaasen torched Florida lawmakers for passing a drug-testing bill for state workers that excluded one class of government employees: the elected officials who passed the law.

Hiaasen took particular issue with the proposal's House sponsor Rep. Jimmie Smith, a Republican from Lecanto, and his explanation why the law excludes Gov. Rick Scott and legislators.

"It was found to be unconstitutional to drug test elected officials because it prevents us, as citizens, from having that First Amendment right," Smith said.

Smith's defense is novel — and wrong, it turns out.

Not just wrong: Off the wall. A de jure "speech and debate" defense to drug testing? Come on: That doesn't even pass the laugh test.

Volokh Conspiracy: Magistrate Judge Rejects Mosaic Theory of Fourth Amendment For Cell-Site Information by Orin Kerr:

I have posted the short opinion (dated March 23) from Magistrate Judge Collings of the District of Massachusetts here. It largely adopts the reasoning of United States v. Graham from the District of Maryland, which I blogged about here. In my view, Judge Collings was correct to issue the order without probable cause for a second reason: The Fourth Amendment questions are not yet ripe for review, as I argue in this amicus brief I filed recently in the Fifth Circuit.

BROOKFIELD, Wis. (AP) -- Well-traveled routes that serve as Wisconsin's vital arteries also provide a window into the competing hopes for Mitt Romney and Rick Santorum....

A day after seven members of a Michigan-based Christian militia were acquitted after some spent two years in jail on charges of trying to overthrow the government, people who watched their trial said the federal case against them was flawed.

Jack Kay, a professor of communication at Eastern Michigan University ...

The Washington Metropolitan Area Transit Authority's policy of forbidding employees from speaking to the media is at odds with a law designed to reduce impropriety at transit agencies by protecting insiders who bring concerns to light, an expert said.

The National Transit System Security Act of 2007, authored by Rep. ...

WASHINGTON (AP) -- A major donor to President Barack Obama has been accused of defrauding a businessman and impersonating a bank official, creating new headaches for Obama's re-election campaign as it deals with the questionable history of another top supporter....

WASHINGTON (AP) -- A major donor to President Barack Obama has been accused of defrauding a businessman and impersonating a bank official, creating new headaches for Obama's re-election campaign as it deals with the questionable history of another top supporter....

WASHINGTON (AP) -- A major donor to President Barack Obama has been accused of defrauding a businessman and impersonating a bank official, creating new headaches for Obama's re-election campaign as it deals with the questionable history of another top supporter....

WASHINGTON (AP) -- A major donor to President Barack Obama has been accused of defrauding a businessman and impersonating a bank official, creating new headaches for Obama's re-election campaign as it deals with the questionable history of another top supporter....

WASHINGTON (AP) -- A major donor to President Barack Obama has been accused of defrauding a businessman and impersonating a bank official, creating new headaches for Obama's re-election campaign as it deals with the questionable history of another top supporter....

WASHINGTON (AP) -- A major donor to President Barack Obama has been accused of defrauding a businessman and impersonating a bank official, creating new headaches for Obama's re-election campaign as it deals with the questionable history of another top supporter....

WASHINGTON (AP) -- Dueling from down the road, President Barack Obama and Republican rival Mitt Romney on Thursday will offer deeply contrasting visions for how to fix the sluggish economy, framing in their most direct terms the fierce, fundamental choice that will decide the November election....

MILWAUKEE (AP) -- President Barack Obama's administration launched a multi-pronged assault on Mitt Romney's values and foreign policy credentials Sunday, while a fresh set of prominent Republicans rallied behind the GOP front-runner as the odds-on nominee, further signs the general election is overtaking the primary season....

MILWAUKEE (AP) -- President Barack Obama's administration launched a multi-pronged assault on Mitt Romney's values and foreign policy credentials Sunday, while a fresh set of prominent Republicans rallied behind the GOP front-runner as the odds-on nominee, further signs the general election is overtaking the primary season....

TROY, Ohio (AP) -- Mitt Romney in an interview aired Sunday repeatedly refused to say that he would overturn President Barack Obama's new policy allowing some young illegal immigrants to stay in the United States. He claimed Obama's decision was political, while senior White House adviser David Plouffe said the move wasn't motivated by politics....

LAS VEGAS (AP) -- Mitt Romney has won the Republican presidential nomination after years of fighting, though his triumph was partially overshadowed by the celebrity businessman who helped him along the way....

FREMONT, Calif. (AP) -- Stunts, stagecraft, scripts - and a touch of the surreal - shaped the presidential campaign Thursday as Mitt Romney and President Barack Obama sought an edge on voters' No. 1 issue, the economy....