Author Archives: Hall

PA: Birchfield doesn’t prevent evidence of refusal

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order … Continue reading

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VA: Lying to police during consensual encounter then refusing admittance to home isn’t obstruction

Obstruction conviction reversed: “[T]here is no statute or case law that stands for the proposition that lying to law enforcement officers during a consensual encounter, or failing to admit them to one’s home on request, constitutes an obstruction of justice … Continue reading

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E.D.N.Y.: Facebook SW was far too broad, but court declines to decide 4A question and goes with GFE instead

This Facebook warrant just seeks way, way too much information when it could have been far more narrowly tailored. “That said, the court need not decide whether the Facebook Warrant violated the Fourth Amendment because, even if it did, the … Continue reading

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Forbes: Cop Who Accidentally Shot 10-Year-Old When Aiming For Family Dog Can’t Be Sued, Federal Court Rules

Forbes: Cop Who Accidentally Shot 10-Year-Old When Aiming For Family Dog Can’t Be Sued, Federal Court Rules by Nick Sibilla:

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Bloomberg: You’re Home Alone With Alexa. Are Your Secrets Safe?

Bloomberg: You’re Home Alone With Alexa. Are Your Secrets Safe? by Matt Day

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PA: Refusal to submit to a test is admissible under Birchfield

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order … Continue reading

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NBC2 News: Can police search your car for medical marijuana after you leave a dispensary?

NBC2 News: Can police search your car for medical marijuana after you leave a dispensary? by Delia D’Ambra: Attorneys are becoming concerned these patients could fall victim to law enforcement overreach and have their rights violated and not even know … Continue reading

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PA: Motions for return of property seized by SW are addressed to judge supervising the GJ that sought them

Motions for return of property seized by search warrant issued for a Statewide Investigating Grand Jury are to be addressed to the judge supervising the grand jury. In re Return of Seized Property, 2019 Pa. LEXIS 3845 (July 17, 2019). … Continue reading

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CA8: Package with anticipatory SW was placed back on porch with “return to sender” on it; search still constitutionally sufficient

In this anticipatory warrant case, the package was received, but it was placed back outside with “return to sender” written on it. Still, the warrant was constitutionally sufficient and the officers supplying their own triggering event, one not provided for … Continue reading

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Immigration Blog: When May ICE Agents Enter Residences or Private Premises to Make Arrests?

Immigration Blog: When May ICE Agents Enter Residences or Private Premises to Make Arrests? by Dan Cadman:

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CA7 declines to reinstate a 4A jail strip search claim after 8A claim went to trial; SCOTUS needs to decide

Plaintiff female prisoners filed a Fourth Amendment and Eighth Amendment claim against a jail for what they alleged was an invasion of privacy by an unjustified group strip search. The district court granted summary judgment against them on the Fourth … Continue reading

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N.D.Ill.: The exclusionary rule does not apply in a § 1983 suit against police officers

The exclusionary rule does not apply in a § 1983 suit against police officers. Mayo v. Lasalle County, 2019 U.S. Dist. LEXIS 117667 (N.D. Ill. July 15, 2019).* The court concludes defendant didn’t just drop his backpack when confronted by … Continue reading

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