Author Archives: Hall

OR: Def adequately pled 4A and argued substance to preserve issue for appeal

Defendant preserved her Fourth Amendment claim by citing it in the motion and by arguing at the hearing the stop was impermissibly extended. “Although the question is close, we agree with defendant that her Fourth Amendment argument is adequately preserved … Continue reading

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W.D.Wash.: Motel 6’s own policy of giving ICE & DHS its customer names doesn’t bring it within Patel

Motel 6 in Washington state was providing guest registry information to ICE and DHS, and the state sued them in state court. It was removed to federal court. The case is remanded. Because Motel 6 was providing it voluntarily, Patel … Continue reading

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KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana

KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana by David Taube:

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Wired: A Location-Sharing Disaster Shows How Exposed You Really Are

Wired: A Location-Sharing Disaster Shows How Exposed You Really Are by Brian Barrett:

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W.D.Tex.: Stop for jaywalking in high crime area didn’t provide RS to detain to ask about drugs; removing key fob from pocket was 4A violation

Reasonable suspicion for jaywalking didn’t permit questioning about drugs just because defendant was in a high crime area. The use of defendant’s key fob in his pocket violated the Fourth Amendment, following United States v. Craddock, 841 F.3d 756, 760 … Continue reading

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S.D.N.Y.: Defense counsel’s affidavit of an alleged Franks violation was speculative

Defense counsel’s conclusion that a video at issue was the same one on a cell phone is speculative at best. “The Court concludes that the detective’s statement that the phone in the surveillance footage appears to be the same as … Continue reading

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W.D.Okla.: Facebook warrant for all content not overbroad; didn’t have to limit to communications and messages

The search warrant for defendant’s Facebook was not overbroad, and it didn’t have to be limited to communications and messages. It could be for the entirety of the account for the relevant period. United States v. Varnell, 2018 U.S. Dist. … Continue reading

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TN: Entry onto curtilage for trash pull violated 4A

Officers violated the curtilage by entering defendant’s property to do a trash pull. Removing that information from the affidavit for the search warrant leaves it without probable cause. The CI information that started the investigation alone isn’t enough to show … Continue reading

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KY: The objective evidence showed voluntary consent on totality; trial court erred in finding no consent

Defendant had a head injury and couldn’t remember the accident. Still, she was lucid when the officer talked to her, and she objectively consented on the objective facts. Her subjective belief wasn’t important. The trial court clearly erred in finding … Continue reading

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KS: Car search had PC, so trial court erred in suppressing

The trial court erred in suppressing the search of the car. There was probable cause for a search for drugs, and that allowed the officer to search anywhere drugs would be found. State v. Knight, 2018 Kan. App. LEXIS 28 … Continue reading

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The Atlantic: The Coming Wave of Murders Solved by Genealogy

The Atlantic: The Coming Wave of Murders Solved by Genealogy by Sarah Zhang: The same DNA analysis used to find the alleged Golden State Killer has led to the arrest of a second alleged murderer. It’ll likely lead to more.

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NYTimes: Technique Used to Find Golden State Killer Leads to a Suspect in 1987 Murders

NYTimes: Technique Used to Find Golden State Killer Leads to a Suspect in 1987 Murders by Heather Murphy:

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