CA6: Parking enforcement’s chalking a car tire is a trespass and a search

The City’s chalking a car tire for a potential parking violation invades the property of the owner of the vehicle and constitutes a search. Taylor v. City of Saginaw, 2019 U.S. App. LEXIS 11586 (6th Cir. Apr. 22, 2019):
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E.D.N.C.: Body camera corroborated RS for frisk

“Body camera footage corroborated the detectives’ testimony that the circumstances reasonably suggested Defendant may have been armed and that a pat-down search was needed to ensure officer safety. …. When faced with an uncooperative and seemingly agitated individual suspected of narcotics distribution, a prudent officer would remove that individual from the car and frisk his outer clothing for other weapons. … As such, the Court finds that the detention and the investigative frisk for weapons were proper.” United States v. Drakeford, 2019 U.S. Dist. LEXIS 67840 (E.D. N.C. Apr. 22, 2019);* United States v. Melvin, 2019 U.S. Dist. LEXIS 67491 (E.D. N.C. Apr. 22, 2019).*

The Playpen warrant issue here was foreclosed by United States v. McLamb, 880 F.3d 685, 686 (4th Cir.), cert.denied, 139 S. Ct. 156 (2018), applying good faith exception. United States v. Goins, 2019 U.S. App. LEXIS 11617 (4th Cir. Apr. 22, 2019).*

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PBS: Police are now taking roadside blood samples to catch impaired drivers

PBS: Police are now taking roadside blood samples to catch impaired drivers by
Jenni Bergal:
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Law.com: ‘Carpenter’ Squared: Review and Reconcile State Court Cases Impacted by Landmark SCOTUS Decision

Law.com: ‘Carpenter’ Squared: Review and Reconcile State Court Cases Impacted by Landmark SCOTUS Decision by Peter A. Crusco

In his Cyber Crime column, Peter A. Crusco writes: Now that the initial dust raised by ‘Carpenter’ has settled, it is illuminating to review and reconcile some of the state court cases evidently impacted by the landmark decision.

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WY: New facts after the stop not required if there was RS all along

New facts after the stop are not required to extend the stop, as long as there is reasonable suspicion with the stop. Brown v. State, 2019 WY 42, 2019 Wyo. LEXIS 44 (Apr. 19, 2019).

Pre-Carpenter obtaining of CSLI was saved by the good faith exception. United States v. Henderson, 2019 U.S. Dist. LEXIS 66425 (W.D. Tenn. Apr. 19, 2019).*

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AR: Claim of misstatement or incorrect fact in SW affidavit doesn’t state Franks claim without allegation it was reckless or intentional

Merely stating that information in the affidavit for search warrant was incorrect doesn’t preserve a Franks challenge without also alleging that it was recklessly or intentionally made. King v. State, 2019 Ark. 114, 2019 Ark. LEXIS 125 (Apr. 18, 2019).

Defendant’s motion to amend his 2255 is granted in part as to his Fourth Amendment claim with ineffective assistance. At the pleading stage, the court can’t say it’s futile. United States v. Miller, 2019 U.S. Dist. LEXIS 66653 (E.D. Pa. Apr. 19, 2019).

Officers get qualified immunity for seizing defendant’s guns during pendency of criminal proceedings. It’s not clearly established that his constitutional rights were violated. Moreover, at the conclusion of the case, they were returned. Kelly v. Conner, 2019 U.S. App. LEXIS 11492 (4th Cir. Apr. 18, 2019).*

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E.D.Ky.: RS of drugs doesn’t automatically mean “armed and dangerous”

Reasonable suspicion defendant was involved with drugs does not equate with “armed and dangerous.” Without minimizing the danger weapons would create, it’s a dangerous precedent to go that far just based on officers’ experience. United States v. Gallegos, 2019 U.S. Dist. LEXIS 66616 (E.D. Ky. Apr. 19, 2019):
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NextGov: FBI’s Facial Recognition Programs Under Fire Over Privacy, Accuracy Concerns

NextGov: FBI’s Facial Recognition Programs Under Fire Over Privacy, Accuracy Concerns by Jack Corrigan

The bureau has largely ignored the Government Accountability Office’s concerns about its use of facial recognition in criminal investigations.

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CA10: QI properly granted in homeowner’s 4A claim against officer executing arrest warrant for another

The district court properly granted qualified immunity to a trailer resident’s Fourth Amendment claims against a deputy sheriff stemming from a search and seizure conducted while executing an arrest warrant for a guest staying in the trailer. The law was not clearly established that entering the trailer under such circumstances violated the resident’s Fourth Amendment rights. The officer’s order requiring the resident to exit his bedroom was not clearly unlawful because there were circumstances under which law enforcement personnel were permitted to temporarily detain third parties in the course of executing a valid arrest warrant. The officer could have reasonably believed that his use of a police dog was permissible after he loudly announced that he would deploy the dog if the occupant of the bedroom did not emerge. Crall v. Wilson, 2019 U.S. App. LEXIS 11420 (10th Cir. Apr. 19, 2019).*

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E.D.Ky.: Moving car for more intense automobile exception search was reasonable

A search under the automobile exception properly includes dismantling the car stereo if the officers think there is something potentially there. It was also reasonable to move the car to a different location for a more intense search. United States v. Smith, 2019 U.S. Dist. LEXIS 67072 (E.D. Ky. Apr. 19, 2019).

Even if entry into an apartment building’s parking garage was unlawful, and here it was to see if defendant’s car was parked in the apartment’s assigned spot, it had nothing to do with the probable cause for the search warrant issued on other credible information. United States v. Sheckles, 2019 U.S. Dist. LEXIS 66809 (W.D. Ky. Apr. 19, 2019).*

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W.D.N.Y.: Def had standing as a bailee in a backpack

Defendant had standing as a bailee in a backpack. He disclaimed ownership of it, but he attempted to assert control over it and he refused consent to search. He also did not abandon the backpack, either. United States v. Hannold, 2019 U.S. Dist. LEXIS 66997 (W.D. N.Y. Apr. 19, 2019):
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NYT: We Built a (Legal) Facial Recognition Machine for $60

NYT: We Built a (Legal) Facial Recognition Machine for $60 by Sahil Chinoy. They took the feeds from online cameras and matches faces at, for example, Bryant Park

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