WSJ: Customers Handed Over Their DNA. The Company Let the FBI Take a Look.

WSJ: Customers Handed Over Their DNA. The Company Let the FBI Take a Look. By Amy Dockser Marcus:

Millions of consumers have bought home-test kits, including 1.5 million from FamilyTreeDNA. How that data is used is largely left up to the companies

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OH7: Dog alert on a car alone didn’t give PC to search passenger

Dog alert on a car alone didn’t give probable cause to search a passenger. State v. Chapman, 2019-Ohio-3339, 2019 Ohio App. LEXIS 3422 (7th Dist. Aug. 20, 2019):
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CA7: After state court affirms denial of motion to suppress, issue preclusion and abstention bar damages suit

Issue preclusion and full faith and credit deny federal courts the ability to determine a Fourth Amendment damages claim in an action after the state court denied suppression. Wade v. Barr, 2019 U.S. App. LEXIS 24723 (7th Cir. Aug. 20, 2019).

Defendant was searched when he showed up at a house being searched by the police [Why do people do that?], and he was arrested, too. His appeal is dismissed for lack of a proper certified question. State v. Mitchell, 2019 Tenn. Crim. App. LEXIS 507 (Aug. 21, 2019).*

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CA5: At summary judgment stage, “[t]his is an obvious case” that can’t be resolved on summary judgment

“The summary judgment facts, as determined by the district court, are that Ryan posed no threat to the officers or others to support firing without warning. The ‘Officers had the time and opportunity to give a warning and yet chose to shoot first instead.’ This is an obvious case. Indeed, Officer Hunter conceded that he would have had no basis to fire upon Ryan unless Ryan had been facing him and pointing a gun at him. [¶] This case is obvious when we accept the facts as we must. It is also informed by our precedent. Before 2010, Baker v. Putnal established clearly that Cassidy’s and Hunter’s conduct—on the facts as we must take them at this stage—was unlawful.” Cole v. Carson, 2019 U.S. App. LEXIS 24807 (5th Cir. Aug. 20, 2019).*

Plaintiff doesn’t state a claim for relief for abuse of process when he was tested in custody for HIV and hepatitis under state law. He effectively admits that the state could do so. Bracey v. Huntingdon County, 2019 U.S. App. LEXIS 24783 (3d Cir. Aug. 20, 2019).*

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M.D.Fla.: Guest’s host’s consent was coerced and suppressed

Defendant was an overnight guest with standing. His host’s consent was coerced by the police and wasn’t voluntary. United States v. Powell, 2019 U.S. Dist. LEXIS 141017 (M.D. Fla. July 16, 2019)*:
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TX14: Exigency permitted seizure of cell phone where officer thought def was deleting things from it anticipating its search

The officer was justified in seizing defendant’s cell phone when there was probable cause and it appeared that defendant might be deleting things from it. Also, no great detail required to identify a cell phone for a search warrant. Gutierrez v. State, 2019 Tex. App. LEXIS 7316 (Tex. App. – Houston (14th Dist.) Aug. 20, 2019):
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E.D.Tenn.: Automobile exception permits search of locked box inside vehicle

With probable cause to believe that a vehicle has evidence in it, the automobile exception allows entry into a locked container (here a locked box) inside the vehicle. Also, a police officer following a car is not a seizure. United States v. Hylmon, 2019 U.S. Dist. LEXIS 141210 (E.D. Tenn. June 26, 2019), adopted, 2019 U.S. Dist. LEXIS 140572 (E.D. Tenn. Aug. 20, 2019).

The video of the traffic stop does not undermine the findings of fact that the state trooper testified that he could smell marijuana in the case. A subsequent search of the passenger compartment turned up none except for an Oxy pill. The search of defendant’s person thereafter turned up more pills. The searches were valid. State v. Farrow, 2019-Ohio-3311, 2019 Ohio App. LEXIS 3399 (9th Dist. Aug. 19, 2019).*

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MT: Overseizure of contents of cell phone didn’t prejudice def where the overseized information was not offered at trial

Defendant argued that the search of his cell phone violated the Fourth Amendment because more was seized than the warrant allowed. Since none of the excess was offered by the state, he wasn’t prejudiced, and the over seizure didn’t void the entire warrant. State v. Haithcox, 2019 MT 201, 2019 Mont. LEXIS 375 (Aug. 20, 2019).

Trial counsel wasn’t ineffective for not raising an objection CSLI information at trial because case law didn’t support it at the time. Walker v. State, 2019 Ga. LEXIS 509 (Aug. 19, 2019).*

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Pittsburgh Post-Gazette: Editorial: Marijuana haze: Police struggle to keep up with new laws on pot

Pittsburgh Post-Gazette: Editorial: Marijuana haze: Police struggle to keep up with new laws on pot:

There is a clear need for better training on medical marijuana and on search and seizure.

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NYTimes: Opinion: No, Facebook Is Not Secretly Listening to You

NYTimes: Opinion: No, Facebook Is Not Secretly Listening to You (Except when it is.) by Sarah Jeong

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OH3: Removing falsity from SW affidavit that def sold drugs from house still leaves PC that someone did

The affidavit for search warrant misstated that defendant was the person selling drugs out of the house. Even removing that fact from the affidavit, there still remains probable cause to believe that drugs would be found in the house. Those parts of the affidavit are now shown to be wholly false. State v. Bingham, 2019-Ohio-3324, 2019 Ohio App. LEXIS 3404 (3d Dist. Aug. 19, 2019).

Defendant complained that the affidavit for search warrant omitted that no drugs were seen during a sweep before the warrant was obtained. This is not material. Even if it was added it, probable cause still exists. United States v. Porter, 2019 U.S. App. LEXIS 24562 (6th Cir. Aug. 19, 2019).*

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NC: Police exceeded private search of thumb drive, and it’s suppressed

Defendant’s wife opened a thumb drive in defendant’s briefcase looking for pictures of herself and his housekeeper when he was overseas. She found a picture of her daughter asleep unclothed from the waist up, and took it to the police who also searched it. Their search exceeded the private search. The court rejects the notion that opening the thumb drive was a total loss of a reasonable expectation of privacy in it. The motion to suppress everything that exceeded the private search should have been granted. The case is remanded for consideration of whether the private search alone provided probable cause to search the thumb drive. State v. Terrell, 2019 N.C. LEXIS 784 (Aug. 16, 2019).

The state had probable cause to believe that the juvenile was involved in a robbery of the victim and her death. A search warrant for his house produced his clothing with the victim’s DNA on it, and his phone and which showed that it had connected to the victim’s wifi network putting him in or near the house. State v. O.E.W., 2019 Ind. App. LEXIS 378 (Aug. 19, 2019).*

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