Author Archives: Hall

FoxNews: Judge Andrew Napolitano: Police surveillance cameras and facial recognition technology threaten our privacy

FoxNews: Judge Andrew Napolitano: Police surveillance cameras and facial recognition technology threaten our privacy:

Posted in Surveillance technology | Comments Off on FoxNews: Judge Andrew Napolitano: Police surveillance cameras and facial recognition technology threaten our privacy

W.D.Wis.: Officers had a reasonable belief under Payton def was on the premises for execution of an arrest warrant

Based on surveillance, officers had a reasonable belief, even probable cause, to believe that defendant was in the house when they came with an arrest warrant. United States v. Burgess, 2019 U.S. Dist. LEXIS 157755 (W.D. Wis. Aug. 12, 2019),* … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Reasonable suspicion | Comments Off on W.D.Wis.: Officers had a reasonable belief under Payton def was on the premises for execution of an arrest warrant

PA directs parties to brief whether Carpenter applies to real time CSLI

Pennsylvania withdraws a CSLI opinion (Commonwealth v. Pacheco, 2019 PA Super 208, 2019 Pa. Super. LEXIS 662 (July 3, 2019)) and directs that the parties brief whether Carpenter applies to real time CSLI. Commonwealth v. Pacheco, 2019 Pa. Super. LEXIS … Continue reading

Posted in Cell site location information | Comments Off on PA directs parties to brief whether Carpenter applies to real time CSLI

Cal.6: A broad SW is permissible in a computer search because it may be difficult to locate the subject of the search

The search warrant was sufficiently particular for a computer because it is more difficult to determine what is where in a computer when searching it. It was reasonable to allow a broad search of defendant’s computer to find what was … Continue reading

Posted in Computer searches, Particularity | Comments Off on Cal.6: A broad SW is permissible in a computer search because it may be difficult to locate the subject of the search

TN: Defense counsel’s failure to predict Riley wasn’t IAC

Defense counsel wasn’t ineffective for not raising Riley before it was decided, and the case was tried just before Riley. Once Riley was issued, defense counsel tried to get it into the case by a motion for new trial. Other … Continue reading

Posted in Cell phones, Ineffective assistance, Plain view, feel, smell | Comments Off on TN: Defense counsel’s failure to predict Riley wasn’t IAC

SD: There was reason for def’s stop, but no PC for search of the car

There was reason for defendant’s stop and reasonable suspicion developed from excessive nervousness and a masking agent, but there was no probable cause and exigency for a search of defendant’s car. State v. Terry, 2019 Del. Super. LEXIS 431 (Sept. … Continue reading

Posted in Automobile exception, Probable cause | Comments Off on SD: There was reason for def’s stop, but no PC for search of the car

SD: Def’s search issue on appeal wasn’t presented to the trial court, so it’s waived

Defendant’s claim that evidence discovering during a traffic stop had to be suppressed because the duration of the stop was unlawful was waived because he failed to advance that argument before the trial court. State v. Willingham, 2019 SD 55, … Continue reading

Posted in Burden of pleading, Burden of proof, Search incident | Comments Off on SD: Def’s search issue on appeal wasn’t presented to the trial court, so it’s waived

NE: Scrivener’s error in describing cell phone in SW could be cured by reference to affidavit

There was a scrivener’s error in describing the cell phone subject to the search warrant, and it could be corrected by looking to the affidavit. State v. Stelly, 304 Neb. 33 (Sept. 13, 2019). Defendant has no claim that the … Continue reading

Posted in Informant hearsay, Particularity, Warrant execution | Comments Off on NE: Scrivener’s error in describing cell phone in SW could be cured by reference to affidavit

NYT: Opinion: Privacy Is Not Your Responsibility

NYT: Opinion: Privacy Is Not Your Responsibility by Charlie Warzel (“The idea that you have control is an insidious illusion.”)

Posted in Uncategorized | Comments Off on NYT: Opinion: Privacy Is Not Your Responsibility

OH2: Looking through a parked car’s windows with a flashlight is not a “search”

Officers looked through defendant’s vehicle windows when it was parked with a flashlight during a nighttime stop, and that wasn’t an unreasonable search. In the vehicle was meth in plain view. State v. Brown, 2019-Ohio-3684, 2019 Ohio App. LEXIS 3766 … Continue reading

Posted in Plain view, feel, smell, Search | Comments Off on OH2: Looking through a parked car’s windows with a flashlight is not a “search”

CA2: Initially stopping for a police signal, arguing with officers, and then fleeing in a high speed chase wasn’t a “seizure” until he was arrested after the chase

Defendant wasn’t seized when he stopped as a result of a police signal, became argumentative, and fled the scene without submitting to authority. After that, he was seized after a high speed chase that gave the officers probable cause for … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on CA2: Initially stopping for a police signal, arguing with officers, and then fleeing in a high speed chase wasn’t a “seizure” until he was arrested after the chase

FL5: Def made prima facie case that counsel’s abandoned search claim could have won; reversed

Defendant made a prima facie case at his post-conviction hearing. The evidence presented at the evidentiary hearing showed there was a reasonable probability that the motion to suppress would have been granted if pursued, and the evidence the State needed … Continue reading

Posted in Franks doctrine, Ineffective assistance, Reasonable suspicion | Comments Off on FL5: Def made prima facie case that counsel’s abandoned search claim could have won; reversed