W.D.N.Y.: Officer’s experience shown in SW affidavit that large scale drug dealers keep it at home can be nexus

Nexus is shown to defendant’s home; the high level of his alleged drug dealing coupled with the officer’s experience that it is reasonably likely that he’d have drugs in the home. United States v. Rivera-Figueroa, 2019 U.S. Dist. LEXIS 8805 (W.D. N.Y. Jan. 18, 2019):
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AR: Def can’t show IAC from counsel’s advice on motion to suppress and his decision to go to trial and risk jury sentencing

Defendant’s motion to suppress was denied and he went to trial on a possession/constructive possession case and lost at trial. The conviction was affirmed on appeal. Lane v. State, 2017 Ark. 34, 513 S.W.3d 230 (2017). On post-conviction, defendant could not show that his counsel’s advice about the motion to suppress was the cause of his not taking the plea offer. He had a month between the denial of the motion to suppress and the trial to decide, and he “rolled the dice.” (Arkansas is a jury sentencing state.) Lane v. State, 2019 Ark. 5, 2019 Ark. LEXIS 4 (Jan. 17, 2019):
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FL5: Record doesn’t show no standing in CSLI; remanded

The record does not conclusively show that defendant was without standing to challenge the CSLI from the cell phone at issue. Remanded. Litz v. State, 2019 Fla. App. LEXIS 649 (Fla. 5th DCA Jan. 18, 2019).*

A store loss prevention employee’s report to the police supported more than reasonable suspicion that defendant was attempting to commit credit card fraud in his store: He didn’t know the basic information on the credit card account. Mathis v. State, 2019 Ga. App. LEXIS 18 (Jan. 17, 2019).*

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WaPo: The Sexts of Jeff Bezos and the Death of Privacy

WaPo: The Sexts of Jeff Bezos and the Death of Privacy by Kara Swisher
We can’t look away. But we should.

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OH5: State’s claim of reasonable mistake of fact rejected: statute not ambiguous and not violated

The state’s claim of a Heien-type mistake of law fails. The statute is not ambiguous, and the defendant didn’t violate it. State v. Trout, 2019 Ohio ___, 2019 Ohio App. LEXIS 124 (5th Dist. Jan. 15, 2019).

Defendant operated a medical marijuana grow in Michigan. He was subjected to a search, and he was indicted federally. He can’t meet his burden to enjoin the federal prosecution for violating the state MMJ statute under the federal appropriations act that limits use of federal funds from interfering with state MMJ activities. United States v. Trevino, 2019 U.S. Dist. LEXIS 7917 (W.D. Mich. Jan. 16, 2019).*

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N.D.Ill.: Ptf adequately pled that def officers used SWs as excuse to commit theft and robberies of search targets

Plaintiff adequately pled that defendant officers, members of CPD Team 6713, were engaged in a theft and robbery ring where they used bogus and apparently real search warrants to rob their victims. Motion to dismiss for failing to state a claim is denied. Robles v. City of Chicago, 2019 U.S. Dist. LEXIS 9022 (N.D. Ill. Jan. 18, 2019):
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D.N.M.: Pocket and backpack search and patdown of 21 students at school for stolen money was with RS so officer gets QI

A school security officer gets qualified immunity for a patdown search of 21 students in a class for allegedly stolen money because there was reasonable suspicion as to all 21. Woods v. Rio Rancho Pub. Schs, 2019 U.S. Dist. LEXIS 8236 (D. N.M. Jan. 17, 2019).*

Defendant claimed in his Rule 60(b) effort to supplement a 2255 petition, that there was fraud on the court in obtaining the search warrant in his case: “Additionally, Black cannot make the requisite showing as to his Rule 60(b) motion. In his motion, Black merely made a conclusory allegation of fraud committed by the government without providing any evidence, and he did not allege how the government’s alleged fraudulent conduct prevented him from fully presenting his case. Waddell v. Hendry Cty. Sheriff’s Office, 329 F.3d 1300, 1309 (11th Cir. 2003). Thus, reasonable jurists would not debate the district court’s denial of Black’s Rule 60(b) motion. Accordingly, Black’s motion for a COA is DENIED.” Black v. United States, 2019 U.S. App. LEXIS 1502 (11th Cir. Jan. 17, 2019).*

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W.D.Tenn.: Seizure of clothing from hospital room floor was justified by plain view

Seizure of defendant’s clothing from a hospital room floor was justified by the plain view doctrine. United States v. Clancy, 2019 U.S. Dist. LEXIS 8471 (W.D. Tenn. Jan. 17, 2019), adopting, 2018 U.S. Dist. LEXIS 219585 (W.D. Tenn. Dec. 19, 2018).

City inspectors entering into public business areas did not violate the Fourth Amendment or invade any reasonable expectation of privacy. S. Allegheny Pittsburgh Rest. Enters. v. City of Pittsburgh, 2019 U.S. Dist. LEXIS 8314 (W.D. Pa. Jan. 17, 2019).*

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Slate: Biometrics vs. the Fifth Amendment

Slate: Biometrics vs. the Fifth Amendment by Josephine Wolff:
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New Law Review Article: Fourth Amendment Textualism

New Law Review Article: Fourth Amendment Textualism by Jeffrey Bellin, posted on SSRN. Abstract:
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Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone

Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone by Walter Olson:
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IN: Advice of Pirtle rights before search of safe under SW not required

Because officers did not ask defendant for the combination to his safe to search it under a warrant, he was not required to have the Indiana Pirtle advisement before they searched it. Brown v. State, 2019 Ind. App. LEXIS 14 (Jan. 15, 2019).*

On the totality of evidence, there was a substantial basis for concluding there was probable cause for issuance of the three search warrants in this case, and the motion to suppress was properly denied. State v. Carpenter, 2019-Ohio-58, 2019 Ohio App. LEXIS 66 (3d Dist. Jan. 14, 2019).*

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