TX: Observed speeding justified stop although pre-Jones GPS also showed def speeding

A tracking device was put on defendant’s vehicle via a court order under a statute that required only reasonable suspicion. Jones came later and required probable cause. Nevertheless, defendant’s speeding stop was justified by the intervening circumstance of the police seeing him speed. “So long as the ‘circumstance’ ‘intervenes’ between the inception of the primary illegality and the later discovery of evidence that is alleged to be ‘fruit of the poisonous tree,’ we hold that a reviewing court may appropriately regard it as an ‘intervening circumstance’ factor in the attenuation-of-taint analysis.” The police conduct was not flagrant. [This contorted path was required to be followed because Texas does not recognize the good faith exception to the exclusionary rule by statute.] State v. Jackson, 2015 Tex. Crim. App. LEXIS 756 (July 1, 2015) (concur; dissent):
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IA: Def had reasonable expectation of privacy in a motel room even though her purpose to rent it might have been infanticide

Defendant concealed her pregnancy and gave birth in a motel room, apparently drowning the baby in the bathtub and leaving the body in the trash can. There was a “do not disturb” sign on the door, but hotel housekeeping came in anyway and discovered blood on the carpet and in the bathroom. The housekeeper left and called management who called the police. The trial court held defendant had no reasonable expectation of privacy in the room because of her purpose, but the court concludes she did. The case is remanded for another suppression hearing where the state can develop a record on exceptions to the exclusionary rule such as inevitable discovery, community caretaking function, or private search. State v. Tyler, 2015 Iowa Sup. LEXIS 79 (June 30, 2015).

A UPS manager called the police, but the police made it clear that UPS couldn’t open the package for the police, but they could for themselves to satisfy UPS that it didn’t contain something noxious. The officer did smell burnt marijuana on the box, and told the manager. Still, it was a private search. United States v. Emile, 2015 U.S. App. LEXIS 11102 (11th Cir. June 29, 2015).*

Defendant’s girlfriend consented to an entry and search by the police. The trial court credited the police version that defendant revoked that consent when he was awakened. State v. Young, 2015-Ohio-2575, 2015 Ohio App. LEXIS 2493 (12th Dist. June 29, 2015).*

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IA: Search incident of locked safe in car unreasonable

Defendant was arrested in his car, and the police conducted a search incident of it. A locked safe was in the car, and the police opened it without a warrant. The search of the safe was unlawful under the state constitution because it went far beyond what the search incident doctrine allows. [It’s fair to say the Fourth Amendment outcome would be the same.] State v. Gaskins, 2015 Iowa Sup. LEXIS 80 (June 30, 2015):
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CA10: Where no emergency suggested, welfare check entry violated Fourth Amendment

The officer here came to serve a summons at plaintiff’s house, and he looked through the window and saw the place was in disarray. He went to the door, and it was unlocked. He never knocked. He decided to perform a welfare check and entered with another officer with guns drawn and flashlights, finding the plaintiff asleep with a window air conditioner on near her head. There was no indication whatsoever that there was a need to enter. The fact there may have been guns inside was meaningless without some indication that they would be used. Plaintiff testified she felt “violated” by them rousting her from bed dressed as she was. No qualified immunity because nothing in the record supported exigent circumstances for the entry. McInerney v. King, 2015 U.S. App. LEXIS 11265 (10th Cir. June 30, 2015).

Turning too wide is a traffic offense that justifies a stop. State v. Rainier, 2015 Ida. App. LEXIS 56 (June 24, 2015).*

Defendant’s house was searched for stolen property and drugs. Instead of deciding that search incident supported the search of his person at the scene, the court goes with inevitable discovery that he would have inevitably been searched anyway. [Which is backdooring the same issue they wouldn’t decide.] State v. Rowland, 2015 Ida. App. LEXIS 55 (June 24, 2015).

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Reuters: En banc 2nd Circuit to clarify when computer seizures are unconstitutional

Reuters: En banc 2nd Circuit to clarify when computer seizures are unconstitutional by Alison Frankel:

(Reuters) – The 2nd U.S. Circuit Court of Appeals seems to be eager to decide when, if ever, the federal government has the right to retain and search computer records seized in one investigation but later found to be relevant in another.
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Fusion: Fitbit data just undermined a woman’s rape claim

Fusion: Fitbit data just undermined a woman’s rape claim by Kashmir Hill:

It turns out that a fitness tracker can do more to betray you than showing your friends and families you’re a couch potato. It can also undermine your claims about being a victim of a crime.

In March, a Florida woman traveled to Lancaster, Pennsylvania where she stayed at her boss’s home, reports ABC 27. On a Tuesday, police were called to the home where they found overturned furniture, a knife and a bottle of vodka, according to Lancaster Online. Jeannine Risley told police she’d been sleeping and that she was woken up around midnight and sexually assaulted by a “man in his 30s, wearing boots.” However, Risley was wearing her Fitbit band at the time. She initially said that the Fitbit had been lost in the struggle, but police found it in a hallway and when they downloaded its activity, the device became a witness against her.

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NY Times: Surveillance Court Rules That N.S.A. Can Resume Bulk Data Collection

NY Times: Surveillance Court Rules That N.S.A. Can Resume Bulk Data Collection by Charles Savage:

The Foreign Intelligence Surveillance Court ruled late Monday that the National Security Agency may temporarily resume its once-secret program that systematically collects records of Americans’ domestic phone calls in bulk.

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CA11: Absence of a clear path and a door knocker doesn’t mean police can’t come to the front door

Defendant didn’t raise standing but the court did on its own. And it denied the motion to suppress on the merits. Based on the plea colloquy, it’s evident that the product of the search didn’t contribute to the conviction, so it’s harmless. The contention that the absence of a clearly delineated path and a door knocker means that there was no implied right for the police to come to the door reads too much into Jardines. United States v. Jackson, 2015 U.S. App. LEXIS 11034 (11th Cir. June 29, 2015):

Jackson and Jones’ argument that, because there was no delineated path leading up to the door, and because the door did not have markings, a doorbell or knocker, or an adjacent mailbox, there was no implied invitation to enter is likewise unavailing. The appellants point to no authority stating that these attributes are necessary to find that an implied invitation to enter existed. Their reliance on Jardines is misplaced, as that case provides only that a door knocker serves as an implied invitation to knock, not that the absence of a knocker, or any other specific features, is necessarily a signal not to do so. See Jardines, 569 U.S. at __, 133 S. Ct. at 1415-16.

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IA applies special needs doctrine to parole searches for first time

Iowa applies the special needs doctrine to parole searches for the first time. It alluded to something like that in 1970, but the special needs doctrine hadn’t developed then. This parole search was reasonable under Griffin and the special needs doctrine. Knights and Samson were reasonableness cases. This case is a good short summary of the special needs doctrine. State v. King, 2015 Iowa Sup. LEXIS 75 (June 26, 2015).

Officers did not measurably extend the stop on a traffic offense in their presence to ask for and get consent. It happened in five minutes. United States v. Gomez, 2015 U.S. Dist. LEXIS 82974 (D.Conn. June 25, 2015).*

No hearing is required on this motion to suppress. On the admitted facts, the officers had probable cause to stop and search defendant’s vehicle under the automobile exception when he took possession of an air tank under longterm DEA surveillance that they knew had 19 kg of cocaine in it. United States v. Vasquez-Rodriguez, 2015 U.S. Dist. LEXIS 82984 (D.N.J. June 25, 2015).*

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DE: Inevitable discovery saves a search that started before the warrant was actually signed

Although the search in this case started before the search warrant was actually issued, the court applies the inevitable discovery exception to sustain it. The house was secured by the police waiting for the warrant to arrive, the application for the warrant showed probable cause, and the fact that the search started a little too soon was not so egregious that the exclusionary rule should apply. The warrant inevitably would have arrived, so the motion to suppress is denied. State v. Lambert, 2015 Del. Super. LEXIS 318 (June 22, 2015).

On remand from the Texas Court of Criminal Appeals, defendant preserved his claim that his warrantless blood draw violated the Fourth Amendment. Leal v. State, 2015 Tex. App. LEXIS 6460 (Tex.App.–Houston (14th Dist.) June 25, 2015) on remand from 456 S.W.3d 567 (Tex. Crim. App. 2015).*

Plaintiff invited officers with an arrest warrant based on an indictment into his home to arrest him. Then he sued and lost and then appealed. He doesn’t file an intelligible brief on any issues that aren’t foreclosed on their face. James v. Schafer, 2015 U.S. App. LEXIS 10936 (5th Cir. June 24, 2015).*

Posted in Arrest or entry on arrest, Consent, Drug or alcohol testing, Inevitable discovery | Comments Off

CA5: Decision to use SRT to execute search warrant was not shown to be unreasonable on the totality

“Based on the totality of the circumstances, Officer Vinson’s decision to deploy the SRT to execute the search warrant for Ms. Bullock’s residence did not constitute force excessive to the need, nor was it objectively unreasonable.” Bailey v. Lawson, 2015 U.S. App. LEXIS 10813 (5th Cir. June 23, 2015).

Defendant consented to removing drugs hidden in her vagina. Concealing drugs in one’s vagina is not evidence tampering [¶s 36-39]. State v. Crocker, 2015-Ohio-2528, 2015 Ohio App. LEXIS 2409 (4th Dist. June 16, 2015).*

One officer’s trial testimony that another officer said that he was searching the back seat area of a car because of furtive movements was not hearsay. [I don’t get it: the court just makes this one up]. State v. Moore, 2015-Ohio-2466, 2015 Ohio App. LEXIS 2368 (12th Dist. June 22, 2015).*

Posted in Excessive force, Reasonableness, § 1983 / Bivens | Comments Off

AR: Wildlife officers’ detention of defendant was without reasonable suspicion

A Game and Fish Commission wildlife officer’s investigation into whether defendant was complying with the hunting laws, even if authorized [the court of appeals said it wasn’t: Pickle v. State, 2014 Ark. App. 726, 453 S.W.3d 157], continued on too long without reasonable suspicion and led to a search of his vehicle. The administrative search rationale was implicitly rejected. Pickle v. State, 2015 Ark. 286, 2015 Ark. LEXIS 496 (June 25, 2015):
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The Daily Show skewers Scalia hypocrisy

The Daily Show: The Human Dissentipede (segment 2, June 29, 2015):

After the Supreme Court rules in favor of same-sex marriage, Justice Antonin Scalia issues a colorful dissenting option.

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ars technica: Warrantless phone tapping, e-mail spying inching to Supreme Court review

ars technica: Warrantless phone tapping, e-mail spying inching to Supreme Court review by David Kravets

The FISA Amendments Act allows US spies to vacuum up e-mails and phone calls.

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PINAC: Massachusetts Police Respond to Wrong Address; Charge 88-Year-Old Woman With Assaulting Officer

PINAC: Massachusetts Police Respond to Wrong Address; Charge 88-Year-Old Woman With Assaulting Officer by Cassandra Fairbanks:

After police in Pittsfield, Massachusetts, responded to the wrong address, they said they were greeted by an 88-year-old woman answering the door armed with a knife, who proceeded to slap an officer, after telling him there was no crime at her home.

Phyllis Stankiewicz, 88, was minding her own business and going about her day on Thursday afternoon around 3:50 p.m. when police began banging on her door and announcing themselves. The officers were responding to a call regarding a disturbance involving someone with a baseball bat, but they were a block away at the wrong home.

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TX1: A subpoena may be used to obtain blood test results obtained for medical purposes even though used in a DWI case

The state may obtain defendant’s blood draw for medical purposes by subpoena. Ferguson v. City of Charleston does not create a reasonable expectation of privacy from a subpoena, a form of legal process, for obtaining the results. Rodriguez v. State, 2015 Tex. App. LEXIS 6507 (Tex.App.–Houston (1st Dist.) June 25, 2015):
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E.D.Mich.: In a doctor patient records search, details of ten overprescriptions supported warrant for 343 more patient records

Officers had a search warrant for 353 patient files of a doctor accused of overprescribing. The affidavit detailed 10 but included a list of 343 that it alleged followed the same pattern. The search warrant was not overbroad as to the other 343 to authorize their search. United States v. Linares, 2015 U.S. Dist. LEXIS 81956 (E.D.Mich. May 4, 2015), adopted 2015 U.S. Dist. LEXIS 80992 (E.D. Mich. June 23, 2015):
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