Author Archives: Hall

CA3: Finding suspect near bank that was just robbed generally matching description but with short sleeves in winter was RS

“With respect to the issue of reasonable suspicion, this is a close case. Defendants were not wearing all of the clothing described in the dispatch or depicted on the surveillance video, and their reaction to the police vehicle could be … Continue reading

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CA9: UA in prison is reasonable

“It is undisputed that urinalysis testing is a search under the Fourth Amendment and that drug testing in the prison context is generally constitutional unless it is conducted in an unreasonable manner. See Thompson v. Souza, 111 F.3d 694, 701 … Continue reading

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Boston CBS: Justice Department: Springfield Police Narcotics Bureau Regularly Used Excessive Force

Boston CBS: Justice Department: Springfield Police Narcotics Bureau Regularly Used Excessive Force (“SPRINGFIELD (CBS) – The Justice Department says an investigation has revealed “reasonable cause” to believe the Springfield Police Department’s Narcotics Bureau regularly used excessive force, it announced Wednesday. … Continue reading

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Gizmodo: Law Enforcement Is Buying Its Way Into Our Breaches

Gizmodo: Law Enforcement Is Buying Its Way Into Our Breaches by Shoshana Wodinsky:

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MT: Field test of seized drugs is a reasonable search

A field test of drugs seized off defendant’s person finding them presumptively methamphetamine is reasonable under the Fourth Amendment and the state constitution. There is no enlarged reasonable expectation of privacy as to them when seized. State v. Funkhouser, 2020 … Continue reading

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CA11: Govt waives abandonment by not pleading it in the district court

Government waives abandonment by not pleading it in the district court. United States v. Ross, 2020 U.S. App. LEXIS 21028 (11th Cir. July 7, 2020), on remand from United States v. Ross, 2020 U.S. App. LEXIS 19642 (11th Cir. June … Continue reading

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D.C.Cir.: Applications for orders under SCA and ECPA presumptively public judicial records

Applications for orders under the Stored Communications Act and Electronic Communications Privacy Act of 1986 are judicial records subject to public view under the common law. Pen register records are presumptively sealed under Title III. In the Matter of the … Continue reading

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CA3 still doesn’t adopt standard of review for Franks challenges

The Third Circuit notes that it has yet to adopt a standard of review for Franks claims; see United States v. Pavulak, 700 F.3d 651, 665-66 (3d Cir. 2012); and it doesn’t have to here because, whichever applies, defendant loses. … Continue reading

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E.D.Cal.: Question for Stone v. Powell is: does the state provide a mechanism for “full and fair litigation” of a 4A claim, not whether def took advantage of it

The question for Stone v. Powell is: does the state provide a mechanism for “full and fair litigation” of a Fourth Amendment claim, not whether defendant took advantage of it. Barrera v. Sherman, 2020 U.S. Dist. LEXIS 118199 (E.D. Cal. … Continue reading

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PA: Police getting SW for CSLI they already had after Carpenter was reasonable

Carpenter was decided three weeks before defendant’s trial. The state then sought a search warrant to supplement its having already obtained the CSLI. Defendant’s motion to suppress on the eve of trial was denied. The search warrant was adequate for … Continue reading

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IN: Def’s sitting inside in front of open door visible outside had reduced REP compared to exigency for his arrest

Defendant’s door was wide open, and officers could see him sitting inside directly in front of the door. They had an arrest warrant for him. Based on the “particular facts” here, officers had exigency combined with defendant’s reasonable expectation of … Continue reading

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IN: Law firm’s suit over fees for work complying with GJ subpoena to client leads to reduced fees

The law firm sued over its attorneys fees in complying with federal grand jury subpoenas for a client after a search warrant directed to the client. The trial court made findings of fact finding the reasonable fee one-third of what … Continue reading

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ABAJ: County subpoenas partygoers who didn’t cooperate in COVID-19 contact tracing

ABAJ: County subpoenas partygoers who didn’t cooperate in COVID-19 contact tracing by Debra Cassens Weiss

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MA: When seizing digital devices under SW, looking at camera pictures didn’t require exclusion where not mentioned in SW for camera

During a search of defendant’s house under a warrant that included seizing digital devices, the officer turned on a camera and scrolled through the pictures. When the warrant was sought for the camera, no mention was made, and inevitable discovery … Continue reading

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CA8: Officer approached who he thought was a crime victim and answers to questions gave RS he was the culprit

Officer responded to a call about shooting of a car thinking defendant might have been a victim. When he inquired, “Aguilar responded that he ‘didn’t shoot nobody’s windows out.’” Reasonable suspicion developed on the totality. United States v. Aguilar, 19-3008 … Continue reading

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NE: SW’s cut and paste error on what to be searched could be overlooked here

A cut and paste error in a search warrant that referred to other property could be overlooked when the true particularity could be seen. State v. Said, 306 Neb. 314 (July 2, 2020):

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