E.D.Mo.: Def consented to four undercover officers who first met him at post office to search house for a wanted man

Four undercover officers followed defendant to the Post Office, and they approached him about Jordan being at his house. He said they could come to the house, and he consented to an entry into the house and the look for Jordan. Guns were validly found in plain view during the sweep. United States v. Fisher, 2019 U.S. Dist. LEXIS 196738 (E.D. Mo. Oct. 9, 2019).*

A Texas Ranger found defendant’s computer involved in P2P sharing of child pornography, and a search warrant was issued based on probable cause. Owens v. State, 2019 Tex. App. LEXIS 9897 (Tex. App. – Texarkana Nov. 14, 2019).*

The Court of Federal Claims has no jurisdiction for claims under the Fourth Amendment. Drake v. United States, 2019 U.S. App. LEXIS 33796 (Fed. Cir. Nov. 13, 2019).

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N.D.Ala.: No exigency for entry into home to seize gun for alleged safety of children

The entry into defendant’s house to search for a gun lacked exigent circumstances. There was nothing on which the officers could claim there was any risk. Moreover, defendant didn’t consent to their entry into the home. United States v. Mulato-Herrara, 2019 U.S. Dist. LEXIS 196530 (N.D. Ala. Nov. 13, 2019):
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Cal.4: Warrantless seizure of def’s dashcam was reasonable on exigent circumstances; three days to get a SW wasn’t unreasonable

Defendant was convicted of reckless driving with an accident. His dashcam would have a recording of it. The dashcam was reasonably seized without a warrant on exigent circumstances. And, it wasn’t unreasonable to wait three days before getting a search warrant. People v. Kien Tran, 2019 Cal. App. LEXIS 1127 (4th Dist. Oct. 24, 2019):
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FL2: Anonymous calls about a pick-up truck driving slowly around the block in the middle of the night in a residential low crime area wasn’t RS

Officers received two anonymous calls about a dark pickup truck with a loud muffler on a residential street in the middle of the night. Once it stopped in the street for a few seconds and then pulled off and turned a corner. This was not a high crime area nor an area known for drug dealing. There was no reasonable suspicion for the stop. Allenbrand v. State, 2019 Fla. App. LEXIS 16910 (Fla. 2d DCA Nov. 13, 2019).*

The new crime exception to the exclusionary rule is well recognized under the Fourth Amendment, and the court adopts it under the state constitution, too. State v. Serrano, 2019 Ind. App. LEXIS 486 (Nov. 13, 2019).

The stop of defendant’s car at a McDonald’s drive through was reasonable because officers had an objectively reasonable belief that one Connor was driving the car. Instead, it was defendant who hit another car trying to elude the officers approaching him. United States v. Crosdale, 2019 U.S. Dist. LEXIS 196677 (W.D. Mo. Sept. 24, 2019).*

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D.D.C.: Collective knowledge doctrine doesn’t require that the officers actually share the information

The collective knowledge doctrine doesn’t require that the officers actually share the information. United States v. Devaugh, 2019 U.S. Dist. LEXIS 196059 (D.D.C. Nov. 12, 2019).

The use of a “court ordered subpoena” apparently not issued on probable cause was common in the jurisdiction prior to Carpenter, and there was no binding authority that was unconstitutional. Therefore, the CSLI would not be suppressed. State v. Tyler, 2019-Ohio-4661, 2019 Ohio App. LEXIS 4708 (9th Cir. Nov. 13, 2019).

The officer lacked reasonable suspicion to stop defendant that he was about to commit DUI. State v. Kreis, 365 Ore. 659 (Nov. 7, 2019).*

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NY Daily News: Opinion: Unready for their closeup: The NYPD’s body camera problem

NY Daily News: Opinion: Unready for their closeup: The NYPD’s body camera problem (“Last month, outgoing Police Commissioner Jimmy O’Neill quietly released two pages of long-awaited guidelines outlining how and when video from body cameras all cops now wear shall be released. While we welcome some attempt to commit standards to paper, O’Neill’s crack at it falls far short of what is required.”)

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WI: Use of a tracking dog in a burglary that led to def’s house was reasonable and in hot pursuit

Police received a 4 am burglary call, and an officer with a dog tracking smell and the officer seeing footprints in the dew on the ground led to defendant’s property. The officer knocked and defendant’s mother let the police in. Inside was defendant, and he had a watch that was from the burglary. The entry on the property was in hot pursuit and the entry into the house was by consent. State v. Ionescu, 2019 Wisc. App. LEXIS 610 (Nov. 13, 2019).

Granting the magistrate’s determination of probable cause the deference it is entitled to, the court finds probable cause for issuance of the search warrant. State v. Young, 2019-Ohio-4639, 2019 Ohio App. LEXIS 4677 (10th Dist. Nov. 12, 2019).*

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D.Mass.: Border searches of electronic devices are non-routine, and they require reasonable suspicion

Border searches of electronic devices are non-routine, and they require reasonable suspicion. Alasaad v. NielsenAlasaad v. Nielsen, 2019 U.S. Dist. LEXIS 195556 (D. Mass. Nov. 12, 2019):
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OH5: Merely being drunk in the Sheriff’s Office lobby isn’t a crime justifying a search

Defendant’s being merely drunk in the lobby of the sheriff’s office wasn’t reasonable suspicion of a crime because the officers didn’t see how he got there (i.e., did he drive himself). State v. Mast, 2019-Ohio-4644, 2019 Ohio App. LEXIS 4698 (5th Dist. Nov. 8, 2019).*

The trial court’s findings of reasonable suspicion from defendant’s weaving within her lane and almost striking the curb was supported by the evidence, and it’s affirmed. State v. Folan, 2019-Ohio-4624, Ohio App. LEXIS 4672 (9th Dist. Nov. 12, 2019).*

“In considering all of these facts under the totality of the circumstances, and mindful of the deference given to a magistrate’s decision regarding the existence of probable cause, we find the search warrant affidavit established a sufficient nexus between the alleged criminal activity and the residence to be searched. … Accordingly, we conclude the magistrate had a substantial basis to conclude that probable cause existed for the issuance of a search warrant of Young’s residence, and the trial court thus did not err in denying Young’s motion to suppress.” State v. Young, 2019-Ohio-4639, 2019 Ohio App. LEXIS 4682 (10th Dist. Nov. 12, 2019).*

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E.D.Wash.: Def’s Franks claim is barred on habeas where he knew of it all along

Defendant in his 2255 alleges a Franks violation, but he had the ability and method to do it in the district court before conviction and habeas isn’t the place. United States v. Youker, 2019 U.S. Dist. LEXIS 196001 (E.D. Wash. Nov. 12, 2019).

A collection of add-on claims, including Fourth Amendment, to a successor 2255 are barred. In re Wilson, 2019 U.S. App. LEXIS 33636 (6th Cir. Nov. 8, 2019).*

A police officer was in defendant’s mother’s house talking to him when he had enough to arrest. While waiting for a search warrant, he was in the living room and found a rifle in plain view, which was a permissible view. State v. Jones, 2019-Ohio-4649, 2019 Ohio App. LEXIS 4695 (11th Dist. Nov. 12, 2019).*

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M.D.Pa.: Bank records can’t be equated with CSLI in detail, and a subpoena is constitutionally sufficient

Defendant’s bank records cannot be equated with CSLI such that a search warrant is required rather than a subpoena. As Carpenter says: “Our decision today is a narrow one. … We do not disturb the application of Smith or Miller or call into question conventional surveillance techniques and tools, such as security cameras. Nor do we address other business records that might incidentally reveal location information.” United States v. Hall, 2019 U.S. Dist. LEXIS 195658 (M.D. Pa. Nov. 12, 2019).

When the police came to defendant’s place to investigate the death of a one-year-old in defendant’s sole care, they developed reasonable suspicion to detain him during the investigation. State v. Batiz, 2019 Tenn. Crim. App. LEXIS 721 (Nov. 1, 2019).*

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D.Del.: Coast Guard port inspection of an incoming vessel led to RS for a full search

A Coast Guard port inspection of an incoming vessel led to reasonable suspicion for its more detailed search. United States v. Vastardis, 2019 U.S. Dist. LEXIS 195486 (D. Del. Nov. 12, 2019):
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