EFF: Law Enforcement Uses Border Search Exception as Fourth Amendment Loophole

EFF: Law Enforcement Uses Border Search Exception as Fourth Amendment Loophole by Sophia Cope:
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NC: Hot pursuit into def’s house fleeing from a misd arrest was valid

Defendant was stopped in front of his own house for driving on a suspended license because of a DWI. The officer confirmed this before attempting an arrest. Defendant refused to submit to arrest and ran in his house. The officers gave chase. The entry into the house and arrest just inside the threshold was valid as a hot pursuit. State v. Adams, 2016 N.C. App. LEXIS 1236 (Dec. 6, 2016).

Because the court can’t separate findings on objective reasonableness for the officer’s actions in arresting the plaintiff from the evidence of pretext, the case is remanded. Morrow v. Washington, 2016 U.S. App. LEXIS 21576 (5th Cir. Dec. 2, 2016).*

Posted in Arrest or entry on arrest, Emergency / exigency | Comments Off

IN: Search incident of jacket left in car on arrest for outstanding warrant was unreasonable

Defendant was pulled over because an LPN check showed his license was suspended and there was a warrant out for him. When he got out of the car, he took off his jacket and left it in the car. Since he was being arrested for the warrant, his car was being towed. The officer called it a “search incident to arrest” although it was an inventory. The search of the jacket went beyond the purposes of the inventory and was unreasonable. Anderson v. State, 2016 Ind. App. LEXIS 432 (Dec. 5, 2016). [This one might be hard to justify elsewhere if you see it as inventory. It can easily be argued by the state that valuables could be in the jacket, too. Perhaps the problem was the officer being fast and loose with using search incident. Around here, they all use “inventory” like it’s a panacea or Fourth Amendment extinguisher.]

Defendant was parked in an alley and apparently completed a hand-to-hand drug deal. The officer approached the window and surprised defendant who was looking in the envelope he had just received. The officer could see the envelope contained a baggie similar to those holding drugs. Defendant put it in the glove compartment before getting out of the car. There was justification for a search of the car. (Defendant’s response to statements, however, is suppressed for lack of a Miranda warning.) State v. Turner, 2016-Ohio-7983, 2016 Ohio App. LEXIS 4868 (2d Dist. Dec. 2, 2016).*

Posted in Inventory, Plain view, feel, smell, Probable cause | Comments Off

Minnesota Lawyer: Fourth Amendment battle brewing over ignition interlock GPS

Minnesota Lawyer: Fourth Amendment battle brewing over ignition interlock GPS by Mike Mosedale

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Cal.: The good faith exception doesn’t save a cell phone search that wasn’t even valid before Riley in California

The good faith exception doesn’t save a cell phone search that wasn’t even valid before Riley in California. “In People v. Diaz (2011) 51 Cal.4th 84 (Diaz), we held that, incident to a custodial arrest, police may search through data on a defendant’s cellular phone without obtaining a warrant. The United States Supreme Court subsequently held to the contrary in Riley v. California (2014) 573 U.S. __ (Riley). We conclude the warrantless search of defendant Paul Macabeo’s phone would not have been proper even under our decision in Diaz, and a reasonably well-trained officer would have so known. Under these circumstances, the search violated the Fourth Amendment and the good faith exception to the exclusionary rule does not apply. We reverse the Court of Appeal’s contrary judgment.” People v. Macabeo, 2016 Cal. LEXIS 9586 (Dec. 5, 2016).

It wasn’t even valid under the search incident doctrine, so why would the GFE conceivably even apply?

Posted in Cell phones, Good faith exception | Comments Off

big think: Edward Snowden: The Rule 41 Amendment Returns Us to the 1760s

big think: Edward Snowden: The Rule 41 Amendment Returns Us to the 1760s by Natalie Showmaker:
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Posted in F.R.Crim.P. 41 | Comments Off

NPR: Military-Trained Police May Be Less Hasty To Shoot, But That Got This Vet Fired

NPR: Military-Trained Police May Be Less Hasty To Shoot, But That Got This Vet Fired by Quil Lawrence:

There are plenty of recent stories involving white police officers who have shot and killed black men, including some who are on trial for those shootings. Then there’s the case of a white cop who did not shoot a black man holding a gun — and it may have cost him his job.

What kind of thinking requires a police officer to think to kill before thinking to try to save a life? Deadly force should be the last resort or the only option when it’s life or death, not the first response. In addition, that could end up being evidence the next time an officer of that department shoots somebody. “Protect and Serve” whom?

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Law.com (editorial): Lawyers Must Be Ready to Fight for the Rule of Law

Law.com (editorial): Lawyers Must Be Ready to Fight for the Rule of Law:

It remains to be seen whether the rule of law will be upheld as it has been in the past, or whether it will be betrayed from within by its defenders or shrugged away by an indifferent and unappreciative people. Until we see how bench, bar and public meet the coming test, it is too early for self-congratulation about our resilience.

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TX: REP in text messages and a SW required to extract them; death penalty conviction reversed

There is a reasonable expectation of privacy in text messages, and a search warrant on probable cause is required to search for and seize them. (The federal good faith exception is not applicable, and there is no state good faith exception.) Capital murder convictions and death sentence reversed. Love v. State, 2016 Tex. Crim. App. LEXIS 1445 (Dec. 7, 2016):
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NC: After Grady, sex offender GPS monitoring requires a reasonableness hearing on def’s request

Post-Grady, the reasonableness requirement of the Fourth Amendment required the trial court conduct a hearing if the defendant objects to GPS monitoring. State v. Stroessenreuther, 2016 N.C. App. LEXIS 1240 (Dec. 6, 2016):
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Posted in GPS / Tracking Data, Reasonableness | Comments Off