Law.com: Roberts Is Uneasy About Invasive Police Devices, Gorsuch Has His Back

Law.com: Roberts Is Uneasy About Invasive Police Devices, Gorsuch Has His Back by Marsha Coyle:
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NJ: Waiting for a SW isn’t exigency to enter a home, but that wasn’t clearly established in 2008 for § 1983 purposes

In 2008, officers entered and seized plaintiff’s home while waiting for a search warrant. In a § 1983 and N.J. Civil Rights Act case, it was not clearly established at the time that that was unreasonable. He gets qualified immunity, but henceforth that’s not exigency. Brown v. State, 2017 N.J. LEXIS 805 (July 24, 2017). From the court’s syllabus:
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Posted in Emergency / exigency, Reasonableness | Comments Off

UPI: Mississippi police kill man while serving warrant at wrong house

UPI: Mississippi police kill man while serving warrant at wrong house by Ray Downs:

Close to midnight on Sunday, Southaven, Miss., police arrived at the wrong house to serve an arrest warrant and shot a man dead in his own home, according to reports.

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S.D.Ohio: Def’s companion’s frisk showed def he was next, so he was seized, but it was with RS

The frisk of defendant’s companion indicated to him that he was seized, too, and that he’d be frisked before he fled and discarded the gun. Still, there was reasonable suspicion for the seizure, and the motion to suppress the gun is denied. United States v. Ward, 2017 U.S. Dist. LEXIS 113425 (S.D. Ohio July 20, 2017).

Miranda isn’t a Fourth Amendment claim, so that 2255 claim’s rejected. Gregory v. United States, 2017 U.S. Dist. LEXIS 114449 (D. Idaho July 21, 2017).*

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E.D.Ky.: LPN scanner produced warrant for car owner, but driver was wrong gender; with other people in car, officer can assume owner in car

When a license plate scanner alerts on a car that the registered owner has a warrant and the driver is not the same gender as the owner, the officer can assume, for reasonableness or reasonable suspicion purposes, that one of the other occupants in the car is the registered owner. United States v. Whitis, 2017 U.S. Dist. LEXIS 112923 (E.D. Ky. July 20, 2017):
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D.Colo.: Full body scan of ADX SHU inmates are reasonable

Submitting Florence ADX SHU inmates to repeated x-ray like body scans inside the prison is not unreasonable. Probable cause is not required since it’s not that invasive. Defendant promised proof they could be harmful, but it wasn’t produced. United States v. Shields, 2017 U.S. Dist. LEXIS 113132 (D. Colo. July 20, 2017):
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D.C.Cir.: Def’s driving car to where it was stopped and searched was “mobile” for automobile exception

Defendant’s car was subject to the automobile exception: probable cause “abounded” at the time of the search and it was mobile because it was driven to the place where it was stopped and searched. Weapons used in a robbery were believed to be in the car. United States v. Eshetu, 2017 U.S. App. LEXIS 13345 (D.C. Cir. July 25, 2017).

Defendant was stopped for suspicion of DUI on Ft. Benning. There was probable cause to get him out for an FST. United States v. Hardie, 2017 U.S. Dist. LEXIS 113509 (M.D.Ga. July 21, 2017).*

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CA10: Def didn’t submit to police authority until after his furtive movements under the car seat

Police officers pulled into a bar’s parking lot from different directions looking for criminal activity. When they pulled up behind him, defendant did not submit to police authority until after his furtive movements under the seat, where a gun was ultimately found. United States v. Roberson, 2017 U.S. App. LEXIS 13397 (10th Cir. July 25, 2017) (1+1-1):
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AP: Chief Justice Roberts: Technology poses challenge for court

AP: Chief Justice Roberts: Technology poses challenge for court:
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CA8 upholds Playpen warrant strictly on GFE despite Rule 41 violation

Playpen warrant upheld purely on good faith exception of Davis and Herring. Rule 41 was violated, but the court finds the costs of exclusion outweight deterrence, particularly where the rule was modified to permit such later warrants. United States v. Horton, 2017 U.S. App. LEXIS 13333 (8th Cir. July 24, 2017):
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Posted in Computer searches, F.R.Crim.P. 41, Good faith exception | Comments Off