Author Archives: Hall

MO: Two week old information in call to child maltreatment hotline was not stale nor without exigency

A call to a child maltreatment hotline was made two weeks after the observation that motivated the phone call. The exigency still existed for a warrantless entry. State v. Prince, 2017 Mo. App. LEXIS 348 (April 25, 2017). Defendant’s vehicle … Continue reading

Posted in Emergency / exigency, Pretext, Staleness | Comments Off

CA4: Exigency didn’t justify search of a car for a weapon where there was no threat and no gun crime

Defendant was stopped and arrested on a police call, but it wasn’t for a gun crime. Therefore, because defendant was cooperative and the scene was completely under control and there were no confederates involved, a search of the car for … Continue reading

Posted in Emergency / exigency | Comments Off

NYTimes: N.S.A. Halts Collection of Americans’ Emails About Foreign Targets

NYTimes: N.S.A. Halts Collection of Americans’ Emails About Foreign Targets by Charlie Savage:

Posted in FISA | Comments Off

Cal.2d: Emergency aid search of wrong house was still objectively reasonable

Based on a police dispatch of a screaming woman who was also moaning in distress, the police went to the address (2314) given and entered. They did not find the woman and kept looking upstairs and in closets and found … Continue reading

Posted in Emergency / exigency, Reasonableness | Comments Off

CA10: Successful suppression of evidence is not a “favorable outcome” for malicious prosecution purposes against the prosecutor; QI granted

Successful suppression of evidence is not a “favorable outcome” for malicious prosecution purposes against the prosecutor. It doesn’t show actual innocence. Margheim v. Buljko, 2017 U.S. App. LEXIS 7421 (10th Cir. April 27, 2017):

Posted in Qualified immunity, § 1983 / Bivens | Comments Off

D.Kan.: 37 day old knowledge of def’s suspended DL wasn’t stale for RS for a stop

The officer’s prior knowledge that defendant’s license was expired wasn’t considered stale for a stop, even for 37 days. [It’s a stop on reasonable suspicion, not a search on probable cause.] United States v. Bell, 2017 U.S. Dist. LEXIS 62616 … Continue reading

Posted in Attenuation, Reasonable suspicion | Comments Off

D.Mont.: Possession of a camera phone was violation of release conditions and justified PO search

Defendant had a release condition to stay away from children, but he babysat two and he let them use his cell phone connected to his computer. This was reasonable suspicion for a search of the cell phone and computer for … Continue reading

Posted in Ineffective assistance, Probation / Parole search | Comments Off

W.D.N.Y.: SW materials not yet releasable because investigation is ongoing; defense can get it later

The search warrant materials in this case are not released yet because the case is still pretrial and there is investigative and CI information that shouldn’t be disclosed yet. “In evaluating a common law claim of access to judicial documents, … Continue reading

Posted in Franks doctrine, Warrant requirement | Comments Off

NYTimes: Do Body Cameras Help Policing? 1,200 New York Officers Aim to Find Out

NYTimes: Do Body Cameras Help Policing? 1,200 New York Officers Aim to Find Out by Ashley Southall: The New York Police Department – on a mission to put body cameras on all 23,000 of its patrol officers in two years … Continue reading

Posted in Body cameras | Comments Off

WaPo: Will the Supreme Court agree to hear the Fourth Amendment cell-site cases? (And should they?)

WaPo: Will the Supreme Court agree to hear the Fourth Amendment cell-site cases? (And should they?) by Orin Kerr: As John Elwood noted recently at SCOTUSblog, the Supreme Court has relisted a set of pending cert petitions on whether the … Continue reading

Posted in Cell site location information | Comments Off