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Plaintiff was arrested and detained for 224 days for a sexual assault charge that was ultimately dismissed. He had a prosthetic lower leg and had prostate surgery that made it impossible for him to ejaculate, two things not mentioned anywhere in the investigation. “[I]t is not clear that individuals have a constitutional right to a reasonable post-arrest investigation.” Barham v. Town of Greybull Wyo., 2012 U.S. App. LEXIS 11306 (10th Cir. June 5, 2012)*:

We turn next to Plaintiff's argument that his constitutional rights were violated by his 224-day detention on charges that were later dismissed. He contends there were problems with the alleged victims' stories, particularly relating to Plaintiff's inability to ejaculate semen, and he argues a reasonable law enforcement officer would have investigated these problems and attempted to obtain Plaintiff's release earlier. As we stated in Romero, it is not clear that individuals have a constitutional right to a reasonable post-arrest investigation. See Romero, 45 F.3d at 1478. To the extent there is such a right, it must be based on "facts that, at a minimum, demonstrate Defendants acted with deliberate or reckless intent." Id. After thoroughly reviewing the record, we conclude that the officers' post-arrest investigation was, at most, negligent. Thus, Plaintiff has not shown the officers' conduct during his detention violated any potential constitutional right to a reasonable post-arrest investigation.

Plaintiffs’ strip search claim on arrest without booking permitted on motion to amend; it was not futile. Sorrell v. Inc. Vill. of Lynbrook, 2012 U.S. Dist. LEXIS 77303 (E.D. N.Y. June 4, 2012).*

There was probable cause for defendant’s arrest for murder for hire by payment of a snowmobile. State v. Santiago, 2012 Conn. LEXIS 218 (May 29, 2012).*

In litigation over a 1991 search warrant in 2012, the seizure under the search warrant was somewhat excessive, but it was not reason to suppress the whole search under Andersen. United States v. Persico, 2012 U.S. Dist. LEXIS 77298 (E.D. N.Y. June 1, 2012).*

A “checkpoint,” without hardly tell us what for, was valid where it snared the defendant, an habitual driving offender with no license. Desposito v. Commonwealth, 2012 Va. App. LEXIS 185 (June 5, 2012):

Appellant's challenge to the validity of the checkpoint is limited to two points: (1) the supervisor's direction that the checkpoint should be conducted "during the lunchtime" leaves the officers with unbridled discretion as to the time of operation; and (2) the plan is flawed because while it requires a 30-minute minimum operational duration, the plan does not establish a maximum time, thus allowing the officers at the checkpoint to determine the duration of the operation. These omissions, appellant contends, render the checkpoint constitutionally unsound, thus violating his Fourth Amendment rights.

"As a preliminary matter, checkpoints with the primary objective of enforcing safety requirements are constitutional." Wright v. Commonwealth, 52 Va. App. 263, 268, 663 S.E.2d 108, 111 (2008) (citing Delaware v. Prouse, 440 U.S. 648, 658 (1979)); see also Palmer v. Commonwealth, 36 Va. App. 169, 172, 549 S.E.2d 29, 30 (2001) (holding the purpose of a checkpoint was valid when officers stopped vehicles to look for "any violations on the vehicles, such as drivers' license, equipment, [or] inspection").

. . .

The reasonableness of such seizures, which are less intrusive than a traditional arrest, depends "on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers." Brown v. Texas, 443 U.S. 47, 50-51 (1979) (citing Pennsylvania v. Mimms, 434 U.S. 106, 109 (1977)). In considering the constitutionality of these seizures on appeal, we must weigh "the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty." Id. at 51.

What is the public interest in stopping everybody to look for a driver's license? Bank robbers, kidnapers [Brinegar v. United States, 338 U.S. 160, 183 (1949) (Jackson, J., dissenting)], DUIs? Yes. General crime control, no. I just cannot accept that a driver's license checkpoint is constitutional under Edmund or Sitz. And, yes, Prouse was decided in 1979, and its throwaway reference to driver's license checkpoints was wrong then and its still wrong. If SCOTUS is concerned about "it could happen to us," then they might now agree. To quote "Ferris Bueller's Day Off," "Uh, what country do you think this is?" American highways are not constitution free zones.

Please, somebody, take this up.

Volokh Conspiracy: Police Searching for Bank Robber Stop All Cars at Intersection, Handcuff Drivers, Search Cars by Eugene Volokh:

So reports ABC News:

Police in Aurora, Colo., searching for suspected bank robbers stopped every car at an intersection, handcuffed all the adults and searched the cars, one of which they believed was carrying the suspect.

Police said they had received what they called a “reliable” tip that the culprit in an armed robbery at a Wells Fargo bank committed earlier was stopped at the red light.

“We didn’t have a description, didn’t know race or gender or anything, so a split-second decision was made to stop all the cars at that intersection, and search for the armed robber,” Aurora police Officer Frank Fania told ABC News….

“Split-second decision”--code word for “we should get at least qualified immunity because of the hard decisions we have to make in the field protecting the public from bad people.” Good point. What about the 15 people handcuffed for up to 90 minutes who did nothing wrong? They had no description, just a place, so everybody in the place gets handcuffed. Good that they caught the right guy, but a heavy handed nonetheless.

Davis v. United States: Expanding the Good Faith Exception to the Exclusionary Rule to Objective Reliance on Binding Appellate Precedent Presents Too Many Threats to Constitutional Protections by Laura E. Collins, 81 Miss. L.J. Supra 163 (2012).