Fox5NY: DNA from coronavirus face mask leads to arrest in child molestation case, police say

Fox5NY: DNA from coronavirus face mask leads to arrest in child molestation case, police say by Kelly Taylor Hayes (“A face mask used amid the coronavirus pandemic helped police in California arrest a man suspected in a child molestation case from two years ago, authorities said.”)

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E.D.Pa.: FIPF is continuing offense and reasonable inference is firearm would be kept at home

Felon in possession of a firearm is a continuing offense, and it’s reasonable to infer defendant would keep the firearm he was suspected of having in his home. That’s sufficient for nexus. United States v. Golden, 2020 U.S. Dist. LEXIS 96305 (E.D. Pa. June 2, 2020).

Defendant’s parole search of her residence and cell phone was valid. Her daughter had hidden the phone for her, and she lied about having it. United States v. Zirkle, 2020 U.S. Dist. LEXIS 96224 (N.D. W.Va. May 15, 2020).*

Plaintiff’s suit over his arrest and search is barred by Heck v. Humphrey because it implies the invalidity of his pending state criminal case. Davis v. Dorman, 2020 U.S. Dist. LEXIS 96236 (W.D. Ark. May 11, 2020).*

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S.D.Ga.: Govt’s GFE exception argument waived by not being presented to USMJ

The officer here departed from the investigation of the traffic offense without reasonable suspicion, and the stop became unreasonable. The government’s argument that Rodriguez hadn’t been decided at the time this happened wasn’t presented to the magistrate, so it’s waived. United States v. Williams, 2020 U.S. Dist. LEXIS 96779 (S.D. Ga. June 2, 2020).

Defense counsel wasn’t ineffective for not filing a motion to suppress where defendant didn’t have standing to challenge the search of a UPS box or home of another he had no close connection to. United States v. Williams, 2020 U.S. Dist. LEXIS 96251 (E.D. La. June 2, 2020).*

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NJ: Tier III GPS sex offender monitoring valid under special needs exception

GPS monitoring of Tier III sex offenders is a search, and it is shown to be valid under the special needs exception. “As to the governmental interest, the Court notes that the State’s interest in deterring and preventing sexual offenses is compelling and well recognized but stresses that the strength of that interest still must be evaluated in context. [¶] On balance, H.R.’s diminished privacy interests as a Tier III Megan’s Law sex offender on PSL are outweighed by the State’s interest in deterring and rehabilitating him as a high-risk sex offender.” [Syllabus] H.R. v. N.J. State Parole Bd., 2020 N.J. LEXIS 664 (June 1, 2020).

The officer’s pacing defendant’s car to determine whether he was speeding was reasonable suspicion for his stop. State v. Byrd, 2020 Tenn. Crim. App. LEXIS 383 (June 2, 2020).*

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N.D.Ill.: Detailed 911 call was RS

This detailed 911 call provided reasonable suspicion. “The answer is somewhere in the middle, but ultimately favors the government’s view. It is a close call, but the anonymous tip in this case contained just enough indicia of reliability to support a finding of reasonable suspicion. For one, the 911 call here is far more detailed than the ‘bare-bones tip’ in J.L. Navarette, 572 U.S. at 398. In J.L., the caller merely said that a person of the defendant’s description possessed a gun at a specific location, but did not otherwise explain how the caller knew about the gun or provide any indication that he had ‘special familiarity’ with the case. Id. Nor did the tip include any ‘predictions of future behavior that could be corroborated to assess the tipster’s credibility.’ Id. So, if the anonymous caller in this case had simply reported that there was a man in a black coat and hat with a gun at the corner of 79th and Halsted and hung up, then that by itself might not have been enough to justify reasonable suspicion under J.L. But that is not what happened here. [¶] Here the caller also provided additional details lending credibility to the tip. This call was much more than just a bare-bones description of appearance and location. Rather, the caller described Swinney’s entire outfit, down to the fur trim on his coat, and also provided a play-by-play narrative account of his actions and movements, not just a static location, over the course of one-and-a-half minutes. United States v. Swinney, 2020 U.S. Dist. LEXIS 95614 (N.D. Ill. May 30, 2020).

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MN: McNeely retroactive under Birchfield

“The rule announced in Missouri v. McNeely, 569 U.S. 141, 133 S. Ct. 1552 (2013), that the dissipation of alcohol in the bloodstream is not a per se exigency justifying the warrantless search of a suspected impaired driver-applies retroactively when a petitioner challenges a final conviction for test refusal under the rule announced by the Supreme Court in Birchfield v. North Dakota, 136 S. Ct. 2160 (2016).” (Syllabus) Hagerman v. State, 2020 Minn. App. LEXIS 154 (June 1, 2020).

Defendant’s no merit brief Carpenter claim that there is a reasonable expectation of privacy in his ISP’s subscriber and usage information is denied. United States v. Popa, 2020 U.S. App. LEXIS 17212 (6th Cir. May 29, 2020).*

The district court found that omitting any false information from the affidavit for this search warrant still left probable cause is correct and affirmed. United States v. Weathers, 2020 U.S. App. LEXIS 17222 (11th Cir. June 1, 2020).*

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CA2: Police actions showed warrantless entry wasn’t for emergency purposes sufficient to create jury question

Decedent was a mentally ill veteran who accidentally activated an at home alarm and police responded. He was ultimately shot and police came in, not responding to a wounded man but as a criminal. There was a plausible claim that any alleged emergency was police created. Finally, the law was clearly established for qualified immunity purposes. Chamberlain v. City of White Plains, 2020 U.S. App. LEXIS 17229 (2d Cir. May 29, 2020):

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EFF: Don’t Mix Policing with COVID-19 Contact Tracing

EFF: Don’t Mix Policing with COVID-19 Contact Tracing by Adam Schwartz (“Over the weekend, Minnesota’s Public Safety Commissioner analogized COVID-19 contact tracing with police investigation of arrested protesters. This analogy is misleading and dangerous. It also underlines the need for public health officials to practice strict data minimization—including a ban on sharing with police any personal information collected through contact tracing.”)

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CA6: Alleged lack of nexus in showing of PC saved by GFE

Defendant challenges the lack of nexus of his alleged conduct to the premises, but it doesn’t matter because the good faith exception applies. United States v. Novak, 2020 U.S. App. LEXIS 17133 (6th Cir. May 29, 2020).

Inconsistent and implausible information from the occupants of one vehicle about another that they were apparently following in tandem along with excessive nervousness, accounting for all persons stopped being nervous, was reasonable suspicion. State v. Yang, 28 Neb. App. 447 (May 26, 2020).*

“[E]ven if the information from the challenged prior search is stricken, the remaining portions of the affidavit are sufficient to support the search warrant that led to the charges.” State v. Ferguson, 2020 VT 39, 2020 Vt. LEXIS 42 (May 29, 2020).

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CA8: Lack of inventory record not error where criminal seizure occurred as a result

Defendant’s motorcycle was towed when he was stopped for fumbling as a novice rider without insurance or a motorcycle endorsement. He declined consent to search compartments on the bike, but the officer elected the tow under SOP of the Springfield MO PD. The inventory complied with the procedure despite the lack of an inventory record because what was found led to seizure of money and then a search warrant for his motel room producing drugs. All along, he was a suspect in a drug conspiracy, which the officer knew, but he didn’t have probable cause for that until the seizure and application for the warrant. United States v. Nevatt, 2020 U.S. App. LEXIS 17187 (8th Cir. June 1, 2020):

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NE: Typographical error on date in SW application can be overlooked if apparent it’s wrong

A typographical error in the date of the application for search warrant could be overlooked where the actual date can be determined from the whole. State v. Benson, 305 Neb. 949 (May 29, 2020).

Defendant moved to suppress his DNA but didn’t reassert it when admitted, so it’s waived by statute. State v. Pope, 305 Neb. 912 (May 29, 2020).*

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MD: Officer’s take down of def when he got out of his car was unjustified, so frisk invalid

The officer’s take down of the defendant when he got out of his car wasn’t supported by the record. Thus, the following frisk was unjustified. Williams v. State, 2020 Md. App. LEXIS 512 (May 29, 2020):

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Forbes: Quorum-tine: How COVID-19 Affects the Validity of Federal Grand Jury Document Subpoenas

Forbes: Quorum-tine: How COVID-19 Affects the Validity of Federal Grand Jury Document Subpoenas by Brian Jacobs (“Since COVID-19 began to spread across the United States, federal grand juries in districts around the country have stopped meeting, but prosecutors have continued to issue grand jury subpoenas, including in high-profile investigations. Without sitting grand juries, however, do prosecutors still retain the subpoena power? The answer is unclear, and anyone who receives a subpoena these days should take a close look at its validity.”)

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AL: SW to “any law enforcement officer ” in the state can be directed to one from a different county than the place of the search

A search warrant to “any law enforcement officer ” in the state can be directed to one from a different county than the place of the search. When defendant admitted that he had child pornography on the computer at his feet, the officer could seize it. State v. Hunt, 2020 Ala. Crim. App. LEXIS 40 (May 29, 2020).

There was probable cause for the search warrant for defendant’s Instagram account, and, even if not, the good faith exception applies. United States v. Kent, 2020 U.S. Dist. LEXIS 93808 (N.D. Ga. May 29, 2020).*

Defendant’s locked bedroom in the house was subject to search on his parole search waiver. It didn’t matter whether anybody consented to the entry and search. People v. Johnson, 2020 IL App (1st) 172987, 2020 Ill. App. LEXIS 329 (May 29, 2020).*

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CA6: Duration of police dog bite as reasonable force

Zuress v. City of Newark, 2020 U.S. App. LEXIS 17134 (6th Cir. May 29, 2020):

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N.D.Cal.: SW was issued before entry; even if not, emergency justified the entry

“On this record, Reynolds has not shown that the search of his room was illegal. The officers did not enter it until they had a valid warrant. For the sake of completeness, the Court also finds that entering Reynolds’s room without a warrant to sweep for possible gunshot victims would not have been unreasonable. The Supreme Court has specifically concluded that “[o]ne exigency obviating the requirement of a warrant is the need to assist persons who are seriously injured or threatened with such injury.” Brigham City v. Stuart, 547 U.S. 398, 403 (2006). The evidence demonstrates that Detective Edwards inserted the key to ensure there were no gunshot victims inside the room, not to obtain information. … see United States v. Jones, 565 U.S. 400, 404-410 (2012). Another resident had already identified Reynolds’s room. … Detective Edwards’s belief that there might be a serious injury inside the bedroom was objectively reasonable given the reports of gunshots in the area, and the room had been identified as Reynolds’s, who had been found with a gun magazine and described as arguing with a woman in front of the apartment just prior to the gunshots. See Brigham City, 547 U.S. at 400; …” United States v. Reynolds, 2020 U.S. Dist. LEXIS 94523 (N.D. Cal. May 29, 2020).

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