Author Archives: Hall

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 … Continue reading

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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, … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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. … Continue reading

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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 … Continue reading

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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. … Continue reading

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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 … Continue reading

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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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