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Reasonableness for due process purposes can equal reasonableness for Fourth Amendment purposes. Kinnison v. City of San Antonio, 2012 U.S. App. LEXIS 10937 (5th Cir. May 31, 2012):

"As the text of the Fourth Amendment indicates, the ultimate measure of the constitutionality of a government search is 'reasonableness.'" Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646, 652 (1995). "[A] 'reasonableness' determination[] involves a balancing of all relevant factors," Whren v. United States, 517 U.S. 806, 817 (1996), and for Fourth Amendment purposes generally "requires no more of government officials than that of due process of law. Both constitutional provisions recognize an exigency exception, and, thus, lead to no practical distinction in" the summary action context. Flatford v. City of Monroe, 17 F.3d 162, 170 (6th Cir. 1994) (citing United States v. James Daniel Good Real Prop., 510 U.S. 43 (1993)); see also Freeman, 242 F.3d at 652 (noting that Supreme Court precedent "forecasts, even if it does not compel, that a balancing of the public and private interests at stake will favor the public interest in nuisance abatement after the conclusion of adequate administrative proceedings" (citing GM Leasing Corp. v. United States, 429 U.S. 338 (1977))).

We see no reason to depart from the general practice of tethering the outcome of the Fourth Amendment inquiry to whether the property deprivation offended due process. In light of the procedural due process analysis above, we conclude that the district court should not have granted summary judgment on Kinnison's Fourth Amendment claim. Cf. Samuels v. Meriwether, 94 F.3d 1163, 1168 (8th Cir. 1996) ("[A]n abatement carried out in accordance with procedural due process is reasonable in the absence of any factors that outweigh governmental interests.") (citations omitted).

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Defendant was the suspect in a string of burglaries and thefts to support a drug habit, and the police went where he was staying to get consent. A guest’s backpack and shopping bag in a house could not be the subject of consent by the host. Commonwealth v. Magri, 2012 Mass. LEXIS 464 (May 31, 2012):

Thus, the crucial question is whether the defendant had a reasonable expectation of privacy in his bags that were in Barnes's bedroom. It is well settled that an overnight guest maintains an expectation of privacy in luggage stored in a host's dwelling. See, e.g., United States v. Davis, 332 F.3d 1163, 1167-1168 (9th Cir. 2003); United States v. Salinas-Cano, 959 F.2d 861, 864-865 (10th Cir. 1992); United States v. Wilson, 536 F.2d 883, 884-885 (9th Cir.), cert. denied, 429 U.S. 982 (1976). See also 4 W.R. LaFave, Search and Seizure § 8.5(d), at 231-232 & n.104 (4th ed. 2004) ("Among the articles which it would seem would most commonly be deserving of the 'high expectation of privacy' label in the host-guest context would be the overnight bag or suitcase or similar object brought to the premises by the guest").

Although the bags in this case were not traditional luggage, there is no reasoned basis to draw a legal distinction between a guest's containers based on the materials from which they are made, their shape, or the mechanism by which they are closed. Cf. Commonwealth v. Linton, 456 Mass. 534, 557 (2010) (defendant held expectation of privacy in backpack he brought to his brother's house for extended visit). The Commonwealth makes no claim that the bags were not closed. We conclude that the defendant maintained a reasonable expectation of privacy in both his backpack and the shopping bag.

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“It light of Kellerman’s ‘words and gestures,’ the officers reasonably believed that Kellerman had consented to their entry into the basement. See Almeida-Perez, 549 F.3d at 1171 (‘Our circuit precedent ... has been more liberal about allowing police to form their impressions from context.’).” United States v. Derden, 2012 U.S. Dist. LEXIS 74684 (D. Minn. April 16, 2012), adopted 2012 U.S. Dist. LEXIS 74218 (D. Minn. May 30, 2012).*

Defendant consented to the entry of her home by the police: “No, no, come in and look. No one is home.” She was arrested for resisting. United States v. Hernandez, 2012 U.S. Dist. LEXIS 74499 (W.D. N.C. April 16, 2012).*

A pre-Gant search in reliance on it was not subject to the exclusionary rule under Davis. Hinkle v. State, 2011 Ala. Crim. App. LEXIS 56 (July 29, 2011), Released for Publication April 13, 2012.*

Edward Morrissey says Mayor Bloomberg's proposed citywide ban on soda servings over16 ounces makes no sense and dictates his choices while eliminate everyone else's.

WARSAW, Poland (AP) -- President Barack Obama has written a letter to the Polish president expressing "regret" for an inadvertent verbal gaffe that caused a storm of controversy in Poland this week....

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Fourteen people are jailed and detained for their parts in the petrol bombing of a Nottingham police station during last summer's riots.

nytimes.com | Significantly expanded America’s first sustained use of cyberweapons.